Injury Tag Archives

Give and Take: Auto Insurance Premiums Drop at Expense of Ontario’s Injured and Vulnerable

Written by Ontario Trial Lawyers Association / Accident Benefits / May 16, 2016
Signs at Rally for Fair Insurance Benefits

OTLA President-Elect Adam Wagman recently appeared with Jerry Agar on Newstalk 1010, Scott Thompson of AM900 CHML, and also with Tom Hayes on Global News to speak about concerns with Ontario’s new auto insurance rules. On June 1, 2016, in an effort to reduce insurance premiums in Ontario, the Provincial government has mandated changes to accident benefits. These changes include a $1 million dollar reduction …

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Lauesen v. Silverman, 2016 ONCA 327

Written by Rikin Morzaria / Summaries / May 09, 2016

The Ontario Court of Appeal held that a solicitor’s negligence claim based on improvident settlement in a personal injury action was not discoverable until new counsel advised the plaintiff of it after obtaining an expert medical-legal opinion.

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Injured Victims Risk Recovery of Municipal Damages

Written by Maciek Piekosz / Municipalities, Personal Injury / March 28, 2016
Man walks bicycle on sidewalk

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.

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Injured and Still Working? You Still Deserve Compensation

Written by Barbara MacFarlane / Personal Injury / February 26, 2016
A wheelchair next to a row of plastic chairs

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 …

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Waivers, Legal Consequences and Recreational Sports

Written by Lawson Hennick / Personal Injury, Safety / February 10, 2016
snowboarder on the slopes with waiver superimposed

As we enter the final stretch of the winter season, many of us will take to the ski slopes, ice rinks or other recreational venues to enjoy what’s left of it. While having a great time is always the number one goal, it is important to be aware of some of the assumed legal risks involved. The recent decision of Levita v Alan Crew et …

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Bruff-Murphy v. Gunawardena, 2016 ONSC 7

Written by Michael Ettedgui / Summaries / January 29, 2016

This decision concerns a threshold motion following final instructions to the jury for an order striking the plaintiff’s claim for general damages on the basis that she failed to prove she suffered permanent and serious impairment of an important physical, mental or psychological function pursuant to s. 267.5 of the Insurance Act, R.S.O. 1990 Chapter I.8, as amended, including Ontario Regulation 381/03, made therunder. The motion was defeated.

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