ontario Tag Archives

It’s Time to Abolish the Pain and Suffering “Cap”

Pain and Suffering affects many victims, but we're failing them

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 …

How Will Reforms to Impaired Driving Laws Impact Ontario Insurance Coverage?

Driving into the THC Fog

On April 13, 2017, the Federal Government announced long-anticipated plans to legalize marijuana in Canada. Along with that announcement came the most sweeping proposed reforms to Canada’s impaired driving laws seen in decades. This article will attempt to forecast possible insurance coverage pitfalls if and when these laws are in place, based on the current law in Ontario. Generally, you purchase insurance to cover a …

Who’s Liable After a Dog Attack?

Dog attack playtime at the beach

Under Ontario’s Dog Owners’ Liability Act, the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. This may sound straightforward, but depends entirely on the definition of the dog’s “owner”.

Why are we paying for doctors’ malpractice?

Doctors in surgery around patient

The Canadian Medical Protection Association describes itself as “a not-for-profit mutual defence association.” Even though it acts as an insurer, providing resources to help manage risk and assistance when medical-legal difficulties arise, the CMPA is technically not an insurer.

The Jury Selection Process and Juror Responsibilities

The result of Jury Selection

The trial of former NFL star Aaron Hernandez was interrupted after a user of an online forum published details of the case. Certain responsibilities – such as juror discretion – are integral to the administration of justice. This post explores how juries are selected and expected to act.

Injured while on ODSP: Your Legal Rights

ODSP assistant

To be involved in an accident can be overwhelming as it is, but if you are already receiving support from the Ontario Disability Support Program (ODSP), you may feel especially uncertain about your legal rights. For example, you may be wondering how you can afford a lawyer, whether you will owe ODSP a portion of any funds received, and whether you are entitled to continue …