DUI Tag Archives

Availability of Insurance in Fatal Accident Compensation Involving Reckless and Impaired Drivers

While the lockdown has seen a significant reduction in accidents, there has been an increase in the number of serious and catastrophic accidents caused by excessive speeding (including stunt driving) and, at times, driving while impaired. Incidents of stunt driving have increased dramatically since the pandemic, with the OPP often reporting on social media young drivers clocking speeds of 150 to 250 km/h on highways and roadways…

Bradfield v. Royal Sun Alliance Insurance, 2019 ONCA 800

In this case, the Court of Appeal of Ontario reviewed the doctrines of waiver and promissory estoppel in the context of an insurer’s right to deny coverage following the discovery that their insured had been consuming alcohol prior to a motor vehicle accident…

Gardiner v. MacDonald, 2016 ONSC 602

This case affirms that liability in motor vehicle accidents is not clear-cut, even in cases where the right of way is undisputed. In apportioning liability for an accident, the court will assess the reasonableness of each driver’s actions in the circumstances. Professional drivers will be held to a higher standard of care than ordinary drivers in similar situations.

Did you know you can be held responsible for an accident without even being in the car?

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 …