personal injury Tag Archives

17-000835 v. Aviva General Insurance Canada, 2018 CanLII 83520 (ON LAT)

After exhausting the $3,500 monetary limit available under the Minor Injury Guidelines, Aviva denied his claims for further treatment, arguing that the chronic pain that the Applicant developed does not entitle him to any additional benefits beyond the MIG limits.

McGowan v Green, 2020 ONSC 686

The Defendant brought a motion to compel the Plaintiff to undergo a neuropsychology medical-legal examination in Mississauga. The Plaintiff resided in Ottawa, and objected to the required travel to attend this examination.

Lambert v. Maracle, 2019 ONSC 7003

In this case, the plaintiff brought a motion seeking an order to compel the defendant, Aviva Insurance Company of Canada (“Aviva”), to be examined first despite the fact that Aviva was the first party to serve a notice of examination.

What is Adverse Costs Insurance? Do I need It?

Generally speaking, in Ontario, we have a ‘loser pays legal fees system’. This means that the unsuccessful party in a lawsuit can expect to be ordered to pay at least part of the successful side’s legal costs.

Bosnali v. Michaud, 2020 ONCA 7

A recent decision of the Ontario Court of Appeal on the issue of whether or not the Plaintiff’s lawyers were entitled to a “charging order” over the Plaintiff’s damages and costs following a trial where the Plaintiff did not beat a rule 49 offer from the Defendants.