Personal Injury Category Archives

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.

The End of Limitation Periods for Ontario Sexual Abuse Cases

Hammer breaking a clock with text: The End of Limitation Periods for Ontario Sexual Abuse Cases

New legislation has removed time limits for suing for sexual assault, domestic violence or child abuse. On March 9, 2016, Bill 132 Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 received Royal Assent which is the last step in making it a law. Bill 132 is the legislative action plan arising from the Government’s report It’s Never Ok: …

Terror victims find redress in Canadian Courts

The threat of terror is a global travesty that seems to respect no geographic boundaries. It is incumbent on Canada and other countries to work together to deter the sponsorship of terrorism and to obtain civil justice against those entities that support and enable its proliferation. What is the Justice For Victims of Terrorism Act? On March 13, 2012, the Canadian Government enacted the Justice For …

Diagnosis Denied: “Systemic Disregard” for Medical Assessments of Injured Workers

In November 2015, the Ontario Federation of Labour (“OFL”) and the Ontario Network of Injured Workers’ Groups released Prescription Over-Ruled, a report criticising how the Workplace Safety and Insurance Board (“WSIB”) evaluates medical evidence when it processes claims. The OFL is Canada’s largest provincial labour federation and represents roughly one million workers. Their report alleges that the WSIB ignores medical evidence and opinions when it is …

Injured Victims Risk Recovery of Municipal Damages

Man walks bicycle on sidewalk

Municipalities enjoy legal protections that other parties do not. Take the 10-day notice period as a prime example.

The Municipal Act, 2001 states that no legal action shall be brought for the recovery of damages unless the municipality is notified of the claim and injury within 10 days of its occurrence. When municipal property is in a state of disrepair or covered in ice and snow, with no reasonable attempts at maintenance, resulting injuries warrant recovery of damages from the responsible municipality.

The injured person has only 10 days to let the municipality know that they were injured on city property, or risk being unable to recover damages.