Personal Injury Category Archives

It’s Time to Abolish the Pain and Suffering “Cap”

Pain and Suffering affects many victims, but we're failing them

Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …

How do Personal Injury Cases Work?

lawyer meets with client about personal injury case

If you have been hurt in an accident caused by someone else’s negligence, you may have a right to seek compensation by way of a personal injury lawsuit. How do I bring a claim? Your lawyer will draft the document that starts the lawsuit, which is called the “Statement of Claim”. The Statement of Claim includes: The date(s) of the accident/injury; How the accident occurred; …

Bill 103: Another Slap in the Face for Injured Victims

Bill 103

On March 8, 2017, Ontario MPP Mike Colle introduced Private Member’s Bill 103, An Act to amend the Law Society Act and the Solicitors Act with respect to matters related to personal injury claims and client agreements in legislature. Bill 103 set out a number of prohibitive measures including the capping contingency fee agreements at 15% of the award, banning referral fees in personal injury …

Who’s Liable After a Dog Attack?

Dog attack playtime at the beach

Under Ontario’s Dog Owners’ Liability Act, the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. This may sound straightforward, but depends entirely on the definition of the dog’s “owner”.

Injured while on ODSP: Your Legal Rights

ODSP assistant

To be involved in an accident can be overwhelming as it is, but if you are already receiving support from the Ontario Disability Support Program (ODSP), you may feel especially uncertain about your legal rights. For example, you may be wondering how you can afford a lawyer, whether you will owe ODSP a portion of any funds received, and whether you are entitled to continue …

How the Family Law Act Helps Injured Victims’ Families

Family law act protects family

The effects of a car crash often extend beyond the injured victim and have a significant impact on the victim’s family. If a person is injured or killed by the fault or negligence of another, family members may make claims under the Family Law Act.