Personal Injury Category Archives

‘Tis the season…for safe celebrations

While Childs v. Desormeaux, 2006 SCC 18 closed the door on a specific fact pattern of social host liability, there are a myriad of other scenarios which could attract legal liability to a party host. When you invite guests into your home this season, let them leave with happy memories and without a reason to name you in a Statement of Claim. Aside from any …

Insurers get an early present; injured victims get another lump of coal

On Wednesday, December 11, 2013, the government secretly pushed through three changes to the SABS (Ontario Regulation 347/13), all of which will come into force on February 1, 2014. One of those changes is a small amendment to section 35 of the SABS dealing with the election of weekly benefits. However, the other two changes (attendant care benefits and pre-existing medical conditions) are potentially much …

The Not-So-Independent Medical Examination

Doctors and other medical professionals play a critical role in an injured person’s insurance and legal cases. For the most part, doctors and medical professionals play a positive and helpful role, treating the injured person’s injuries and disabilities. Doctors and other medical professionals are also called upon to perform examinations that can greatly influence and even determine: whether an insurer will pay for recommended treatment …