The inevitable accident defence can be applied not only in cases of black ice or potholes, but also where accidents are attributed to a medical condition, sudden mechanical failure, or an animal darting onto the roadway.
What can be reasonably foreseeable in rescue situations? In Maguire v. Padt, Suzanne Padt was found to be negligent when she drove into a ditch while driving in winter whiteout road conditions. Two other drivers and a police officer stopped to assist Ms. Padt and her daughter out of the ditch and were successful in getting them into the police car safely. Amidst the investigation …
Uber is once again making the news due to concerns about proper insurance coverage – both for Uber operators AND Uber passengers. New facts uncovered by BuzzFeed focus on a California investigation, but may cause Ontario Uber users to question the company’s commitment to ensuring both its operators and passengers are adequately covered by insurance. In an effort to keep costs down, many Uber operators …
The Ontario government has announced plans to increase fines for distracted driving, a move that the Ontario Trial Lawyers Association welcomes. OTLA Director of Public Affairs, John Karapita, is pictured in a group above with Transportation Minister Steven Del Duca (center), MPPs Eleanor McMahon, Kathryn McGarry, Mike Colle and Han Dong, along with OSL President Brian Patterson and many more road safety partners, during the …
Many people in Ontario are unaware that they can be held liable for an accident even if they were not in the vehicle at the time. As the owner of a motor vehicle in Ontario, you may be liable for the negligent actions of another person who is in possession of and operates your vehicle. This is called vicarious liability. Section 192 (2) of the …
This month, the Insurance Bureau of Canada (IBC) released the Ontario Health Claims Database (HCDB) Standard Report. The Report analyzes data collected through the Health Claims for Auto Insurance (HCAI) system. Since February 2011, HCAI has been the mandatory system that Ontario health care facilities are required to use when submitting auto insurance claim forms to insurance companies. The insurers respond to the claims through …
