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 …

Further Erosion of Plaintiffs’ Compensation Effective August 1, 2015

Ontario Finance Minister Charles Sousa delivers the provincial budget as Premier Kathleen Wynne looks on at Queen’s Park in Toronto on Thursday, April 23, 2015. THE CANADIAN PRESS/Nathan Denette Dealing another blow to Plaintiffs, on August 1, 2015, the amendments to Ontario Regulation 461/96, Court Proceedings for Automobile Accidents that Occur on or After November 1, 1996, came into effect. These amendments provide for an …

Discovering a Claim of Medical Negligence

A woman with a pained expression holds her neck beside a large analog clock face

An injured party and their family have a time limit within which to bring a lawsuit to recover damages or losses relating to an injury. The time limit for doing so in the Province of Ontario is usually 2 years from when the claim was discovered or reasonably discoverable (the “limitation period”). Many assume that claims are discovered (and the limitation period begins to run) …