personal injury Tag Archives

From Hangover to Legal Liability- If You Are Over-Served and Injured, You Can Sue

With St. Patrick’s Day upon us, many will be heading to celebrate at the bar with a drink or two. If you become intoxicated at the bar and are injured is there legal recourse? The answer depends on the circumstances, of course, but this post looks at two situations where a person is likely to be successful in suing a bar if they are injured.

Optional Accident Benefits

When you renew your automobile insurance policy, you have a variety of options to increase your coverage in the event that you are injured. The basic policy may seem appealing to most, as it has the lowest premiums. However, if you ask anyone who has been injured in an accident, the standard coverage is simply not enough.

Cheesman et al., v. Credit Valley Hospital et al., [2019] ONSC 5783

This motion considered the admissibility of a defendant ER physician’s standard of care report that was served mid-trial after a preliminary finding was made regarding the scope of the expert’s opinion in relation to his area of practice.

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.