Personal Injury Category Archives

Seeing Through the Haze of Canadian Marijuana Laws

Written by Jason Singer / Personal Injury / November 03, 2016
Canadian flag with maple leaf replaced by marijuana leaf

As Canada nears the likely legalization of marijuana for recreational use, a host of issues will impact on users for medical purposes. Presently, the possession, distribution and production of marijuana is illegal. An exception to this applies to medicinal use. Long-term medical, legal, and business effects of marijuana legalization remain clouded. Introduction of recreational marijuana legislation is expected in spring 2017. Until then, Canada holds its breath.

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Justice for Injured Workers: Loss of Competitive Advantage Awards

Written by Lawson Hennick / Personal Injury / October 21, 2016
Saw blade set in tree stump

Income Loss Claims Given that general damage awards are capped in Canada, income loss claims can often make up a sizeable portion of damage awards. Income loss quantification is usually straightforward, particularly when a Plaintiff has had a settled line of work over an established period of time. If they are no longer able to continue working due to a personal injury, their past income …

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What To Do If You Are Injured in an Accident in the United States

Written by Anna Stoll / Personal Injury / October 05, 2016
Globe, focused on US-Canadian border

If you are from Ontario and are involved in a car crash in the United States, you may be able to commence an action in Ontario, in the state in which the accident occurred, or both. Your ability to do so will depend upon many factors, including any insurance available to the parties involved and the particular facts of each case.

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Canada Pension Plan Disability Benefits – A Primer

Written by Najma Rashid / Personal Injury / September 21, 2016
legs with ankle braces

The Canada Pension Plan (“CPP”) is a federal government program that provides income support to individuals who are either disabled or retired. Many people are unaware that CPP provides disability benefits if they become disabled before retirement age. CPP Disability benefits are tied to the number of years an employed person has been making contributions into the Plan. The CPP Disability benefit is a monthly taxable …

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Total Disability: Not So Total After All!

Written by Duncan Macgillivray / Personal Injury / August 25, 2016
Total Disability: Not So Total After All

Insurance companies often argue that if a person can do part-time work, then they are not “Totally Disabled”. Or, if a person can do some job tasks, then they are not “Totally Disabled”. This makes sense on its face, but these arguments are wrong in law! Courts and Arbitrators have found that “Total Disability” and “Complete Inability” are legal terms of art and, as such, they should not be interpreted literally.

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The End of Limitation Periods for Ontario Sexual Abuse Cases

Written by Loretta Merritt / Personal Injury / May 05, 2016
Hammer breaking a clock with text: The End of Limitation Periods for Ontario Sexual Abuse Cases

New legislation has removed time limits for suing for sexual assault, domestic violence or child abuse. On March 9, 2016, Bill 132 Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 received Royal Assent which is the last step in making it a law. Bill 132 is the legislative action plan arising from the Government’s report It’s Never Ok: …

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