The Plaintiff was catastrophically injured when she was hit by a car on September 12, 2002. The driver of the car and his wife, were joint owners of the car which was ostensibly insured by the Defendant ING Insurance. But, almost two months earlier, ING had purported to unilaterally terminate the insurance contract, based on non-disclosure of a driving record…
insurance Tag Archives
What is the threshold and who meets it?
The threshold is a somewhat controversial test used by courts to determine whether an accident victim should be allowed to recover money for pain and suffering.
Why does OHIP receive part of my settlement?
Following settlement of your injury claim, there may be other parties entitled to part of your settlement: your Group Benefits Insurer/Extended Health Insurer, Ontario Disability Support Program, and the Ontario Health Insurance Plan (OHIP) to name a few.
Technology and the Personal Injury Claim
Technology has long been a topic that has piqued the interest of the legal profession. Instead of being dissuaded by the rapid development of technological innovation, lawyers, the courts, and insurance companies are using technology to their advantage and embracing the benefits they produce.
Challenging jury bias in Ontario automobile injury trials
Should people with auto insurance be excluded from juries in car crash trials? OTLA Director Kris Bonn argues that jurors familiar with car insurance might decide to reduce the victim’s award, in order to keep premiums from becoming more expensive. How is that fair to Ontario’s vulnerable and injured?
It’s Time to Abolish the Pain and Suffering “Cap”
Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …
