Ontario Trial Lawyers Association Blog

Injured Victims Risk Recovery of Municipal Damages

Written by Maciek Piekosz / Municipalities, Personal Injury / March 28, 2016

Municipalities enjoy legal protections that other parties do not. Take the 10-day notice period as a prime example.

The Municipal Act, 2001 states that no legal action shall be brought for the recovery of damages unless the municipality is notified of the claim and injury within 10 days of its occurrence. When municipal property is in a state of disrepair or covered in ice and snow, with no reasonable attempts at maintenance, resulting injuries warrant recovery of damages from the responsible municipality.

The injured person has only 10 days to let the municipality know that they were injured on city property, or risk being unable to recover damages.

Beware Little-Known Limitation Periods in the National Defence Act

Written by Robert Somerleigh / Personal Injury / March 16, 2016

At any given time across this country, there are thousands of high school students in Ontario enrolled in various Army and Sea Cadet programs, not to mention army and navy personnel operating jeeps, humvees and heavy trucks on provincial roads. In connection with Army and Sea Cadet programs, these kids participate in potentially hazardous activities and injuries do occur from time to time. Motor vehicle accidents (MVAs) involving …

From FSCO to the LAT: Procedural Changes to Accident Benefits Disputes

Written by Najma Rashid / Accident Benefits, Insurance / March 09, 2016

The 2015 Ontario budget announced on April 23, 2015 brings sweeping changes to the auto insurance accident benefits system. Catastrophic and non-Catastrophic funding limits were slashed, and drastic revisions to the definition of “catastrophic impairment” were proposed. There will be a huge procedural change as well; disputes under the Statutory Accident Benefits Schedule (“SABS”) will no longer be subject to the jurisdiction of the Financial Services …

Transition to the LAT

Written by Ontario Trial Lawyers Association / Accident Benefits, Association News, Insurance / March 07, 2016

The LAT is set to begin receiving applications for SABS disputes on April 1. OTLA is addressing significant concerns about the transition, specifically an insured’s ability to access the new dispute resolution process.

False Fraud Allegations Spur Punitive Damages in BC

Written by Roelf Swart / Association News, Insurance / March 04, 2016

The National Post reported recently on a judicial decision from British Columbia ordering the Insurance Corporation of British Columbia, ICBC, to pay an immigrant couple more than $350,000 in punitive damages after the corporation falsely accused them of insurance fraud. In the judgment, the prosecution brought against Danica Arsenovski was described by Justice Susan Griffith as “malicious,” and the actions of the ICBC “brought fear and …

Injured and Still Working? You Still Deserve Compensation

Written by Barbara MacFarlane / Personal Injury / February 26, 2016

When a serious injury occurs, it can have a major impact on the career path and potential earnings of the victim, but it is often difficult to predict the exact value of this loss. This valuation is even harder when considering the ongoing trend towards self-employed contract work and nontraditional employee/employer relationships. Sometimes, an injured person may earn the same or more than they did before their injury …