Released July 3, 2015 | Full Decision The Applicant was riding his bicycle in Burlington, Ontario, when an unidentified vehicle struck either him or his bike and he fell to the ground. The vehicle did not stop and there were no known witnesses. The Applicant’s bicycle was damaged to the point that he could not ride it home. The damage was seen by his wife and his brother-in-law. …
accident Tag Archives
Ontario Passes New Laws for Safer Roads: Can Motorists, Cyclists, and Pedestrians coexist in harmony?
With the beautiful weather now upon us, there is no shortage of summer fun to be enjoyed in communities across the province. Whether it’s taking in the long anticipated Pan Am Games, attending summer festivals or just out for a good time, the reality is that more motorists, cyclists and pedestrians will be out in droves sharing the roads. However, this inevitable coexistence between motorists, …
The “Inevitable” Accident Defence
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.
New Policy on Travel Expenses for Treatment Providers Discriminates Against Rural Claimants
FSCO regularly publishes Bulletins which are meant to guide insurers and claimants on the permissible and impermissible practices surrounding claims for accident benefits. In FSCO Bulletin A-14/14, along with outlining regulatory amendments which were to take effect on December 1, 2014, FSCO also sent a strong message about mileage expenses for treatment providers, which will discriminate against claimants who live anywhere other than large towns and cities and …
Expansion of the Duties Owed to Rescuers
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 …
Be Uber Aware!
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 …