insurance Tag Archives

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.

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 …

Accessing Justice Through Legal Expense Insurance: A New Perspective for the Injured Claimant

Access to justice plays a vital role in maintaining the rule of law and ensuring fairness and equality within our civil justice system. In a perfect world, justice could be done without regard to the high costs of litigation. Regrettably, we live in a world that is far from perfect and litigants must be mindful of the high costs and risks of litigation. Despite the …

The Dangers of Non-Lawyer Owned Law Firms

OTLA has published a submission to the Law Society of Upper Canada in response to the discussion of Alternative Business Structures. You can find it here. Should non-lawyers be allowed to own law firms in Ontario? This is a question that the Law Society of Upper Canada (“LSUC”) is currently grappling with. The LSUC, which regulates the provision of legal services in Ontario, is considering …

ATVs, accident benefits and lawsuits: Timing is everything!

The use of off-road recreational vehicles such as ATVs for fun and recreation has increased dramatically over the years.  It is also not unusual to see such vehicles on public roadways, and for these vehicles to be driven by young people including minors.   Over the years, recreational culture has given rise to an increasing number of rollovers, crashes, and alcohol-related incidents involving ATVs and other …

Ride at your own risk: The perils of ride sharing services

This past year the app-based ride sharing service, Uber has come to Canada. Uber denies that it is a commercial transportation company; rather, it describes itself as a technology company only offering a matchmaking service to connect riders with drivers. Uber is currently operating in Toronto and Ottawa. Uber operates through a smart phone app or web browser. If someone needs a ride, the person requests …