Personal Injury Category Archives

What happens if I’m hurt on public transit?

Point of view from someone hurt on public transit

Accidents involving public transportation vehicles pose unique legal challenges, often leaving injured individuals unsure of their options. It is important to speak to an experienced personal injury lawyer as soon as possible after an incident to discuss these options. Ontario laws governing the recovery of benefits or compensation for injuries sustained on public transit depend on several factors, including: the owner(s) of the vehicle(s), who …

Seeing Through the Haze of Canadian Marijuana Laws

Canadian flag with maple leaf replaced by marijuana leaf

As Canada nears the likely legalization of marijuana for recreational use, a host of issues will impact on users for medical purposes. Presently, the possession, distribution and production of marijuana is illegal. An exception to this applies to medicinal use. Long-term medical, legal, and business effects of marijuana legalization remain clouded. Introduction of recreational marijuana legislation is expected in spring 2017. Until then, Canada holds its breath.

Justice for Injured Workers: Loss of Competitive Advantage Awards

Saw blade set in tree stump

Income Loss Claims Given that general damage awards are capped in Canada, income loss claims can often make up a sizeable portion of damage awards. Income loss quantification is usually straightforward, particularly when a Plaintiff has had a settled line of work over an established period of time. If they are no longer able to continue working due to a personal injury, their past income …

What To Do If You Are Injured in an Accident in the United States

Globe, focused on US-Canadian border

If you are from Ontario and are involved in a car crash in the United States, you may be able to commence an action in Ontario, in the state in which the accident occurred, or both. Your ability to do so will depend upon many factors, including any insurance available to the parties involved and the particular facts of each case.

Canada Pension Plan Disability Benefits – A Primer

legs with ankle braces

The Canada Pension Plan (“CPP”) is a federal government program that provides income support to individuals who are either disabled or retired. Many people are unaware that CPP provides disability benefits if they become disabled before retirement age. CPP Disability benefits are tied to the number of years an employed person has been making contributions into the Plan. The CPP Disability benefit is a monthly taxable …

Total Disability: Not So Total After All!

Total Disability: Not So Total After All

Insurance companies often argue that if a person can do part-time work, then they are not “Totally Disabled”. Or, if a person can do some job tasks, then they are not “Totally Disabled”. This makes sense on its face, but these arguments are wrong in law! Courts and Arbitrators have found that “Total Disability” and “Complete Inability” are legal terms of art and, as such, they should not be interpreted literally.