Reducing Taxpayers’ Dollars means the CMPA taking a Different Litigation Approach

As medical malpractice lawyers know all too well, the Canadian Medical Protective Association (“CMPA”) has earned its litigious reputation. Their slogan reads, “protecting the professional integrity of physicians and promoting safe medical care in Canada”. They profess a duty to protect rather than to defend. Often, this mandate translates into aggressively fought litigation culminating with a trial or settlement only on the courtroom steps. This …

Ontario government deals another blow to injured Ontario motorists with the Common Traffic Impairment Guideline

available rehab coverage

The Ontario government continues to allow insurance companies to erode coverage for Ontario motor vehicle accident victims. The draft Common Traffic Impairment (CTI) Guideline proposes to reduce available treatment to below critical levels. OTLA has submitted a Response to the Draft CTI Guideline and the CTI Guideline Appendix. Prior to September 2010, car crash victims had up to $100,000.00 in available coverage for rehabilitation. To …

Unidentified, Uninsured And Underinsured Motorists: Who Pays For My Injuries?

car and driver on the road

In Ontario, driving with automobile insurance is mandatory. As a result, those injured in a motor vehicle accident have the peace of mind of knowing that after an accident they can claim compensation against the at-fault party, which is usually responded to by that party’s insurance company. However, this begs several questions. What happens if the other party is uninsured? What if the other party …

Medical Negligence: It’s Never an Open and Shut Case

When a person has suffered because of an obvious error by a health care professional, the comment often said to me is, “It’s an open and shut case.” When it comes to medical negligence litigation, there is no such thing. A medical negligence lawsuit is different from other personal injury cases in at least one critical way; the plaintiff is often already unwell before the …

Hurt in a car? Thanks to the Ontario government, expect to lose tens of thousands from your lawsuit.

For years, accident victims have had their general damages claims automatically reduced by a deductible. How does this deductible work and what does it mean? Let’s consider two scenarios: Imagine for example that you slip and fall on a sidewalk, you break your arm and you decide to sue for pain and suffering damages.  Imagine further that your pain and suffering damages are assessed as …

Injured on Municipal Property: A Story of Triumph

Last year in the case Seif v. Toronto, a Toronto judge ruled that a woman who tripped on a poorly maintained City sidewalk was prevented from even bringing her case before a judge because she had failed to provide written notice to the City within 10 days of the incident. In this case, the woman broke her wrist when she tripped and fell on a …