Personal Injury Category Archives

The Interaction Between Accident Benefits and the Ontario Disability Support Program (ODSP)

Car crashes often cause serious injuries, which can be long term and require substantial treatment. Some accident victims unfortunately become disabled as a result of their injuries.

Social Media and Facebook, A Dangerous Mix

The trend in the more recent cases are for more disclosure of personal and private social media accounts. Master Short acknowledges that there is flux in the law right now regarding disclosure of social media pages.

What is Public Nuisance?

Public nuisance is unique and is a separate category in Tort from negligence. When considering public nuisance, the courts begin their inquiries based on the harm suffered and not on the property owner’s conduct. Therefore, the ‘reasonable steps’ to keep a premises safe are not relevant to a claim of a public nuisance.

A Deductible on Pain and Suffering Damages

Recently this Blog focused on one of the cruelest laws – the woeful compensation scheme for the death of a loved one. But the law that may be most frequently used to punish innocent accident victims in Ontario to the benefit of bad drivers and their insurers is the “statutory deductible” for general damages awards.

The “No Crash, No Cash” Rule on Public Transit Vehicles

Since May 10, 2011, Ontario riders on public transit vehicles who sustain injuries can no longer pursue accident benefits if the public transit vehicle they were riding in “did not collide with another automobile or any other object in the incident” as stipulated by section 268(1.1) of the Insurance Act R.S.O. 1990, c. I.8.

Rowan’s Law: Precedent Setting for Concussion Awareness

September 25th was Rowan’s Law Day, a day dedicated to concussion awareness. This follows the enactment of Rowan’s Law, an instrumental law created to protect youth and those involved in amateur sports from concussions and head injuries.