Author: Van Dyke Law

A recent case raises an interesting issue:  For the purposes of suing an insurer for ceasing to pay disability benefits, does your right to sue start on the date those benefits are cut off, or only after the insurer definitively advises that your ongoing claim is being denied? In Pepper v. Sanmina-Sci Systems (Canada) Inc. […]

The Toronto Sun newspaper recently reported on a case in which an auto insurer had used particularly aggressive tactics to defend a claim brought by a young woman who had endured catastrophic injuries during a rear-end vehicle collision when she was only 17 years old. As described in the Sun article, the arbitration lasted 16 […]

As temperatures in Ontario drop, slip-and-fall incidents unfortunately increase.  However, whether falls occurs indoors or out, there are some important steps that you must take after a slip-and-fall to preserve your legal rights.  These steps are important in case you decide to pursue an action for damages against anyone who may have been responsible for […]

In a recent Ontario Workplace Safety and Insurance (WSI) benefits claim case1, the 34-year old worker’s left hand had been seriously injured on-the-job, and he had lost all four fingers and the tip of his thumb. When it came time to determining his WSI benefits, the issue was whether it should be calculated based on […]

For those who have been involved in a motor vehicle accident and are dealing with an insurer, it may be reassuring to know that under Canadian law, an insurer has a legally-established duty of “good faith” towards its insured.  This is because the relationship between an insurer and the insured is determined and governed by […]

In a recent Ontario motor vehicle accident case, the driver of the first car (the “First Driver”) was hit from behind by the driver of the second car (the “Second Driver”), who suffered injuries and sued for damages.  As the court explained, this situation where a driver sues who has rear ended another driver is […]

An important recent decision from the Ontario Court of Appeal highlights a vital fact for insured persons, namely that an insurer that has denied or discontinued benefits is under no legal obligation to advise the insured of the firm statutory deadline for appealing that decision. The facts of the case involved a self-employed eavestrough installer […]

The recent Ontario case Unifund Assurance Co. v. ACE INA Insurance Co. which involved a motor vehicle and a pedestrian highlights the “transmission of force” principle which is fundamental to resolving insurance claims involving multi car accidents in determining which vehicle is the root cause of the accident. It is this principle which plays a […]

Injured workers who currently receive benefits under the provincial Workplace Safety and Insurance Board (WSIB) should be aware of proposed changes to Ontario’s minimum wage laws. In mid-July 2017, the Ontario Ministry of Labour announced that it intended to create more opportunity and security for workers through its Bill 148, which is the proposed Fair […]

In a recent motor vehicle accident case Trudeau v. Cavanagh, the court rejected the plaintiff’s late-breaking switch in litigation strategy as “opportunistic” and instead, allowed the defendant to amend his court pleadings a full two years after the accident which would potentially have the effect of shutting out the plaintiff’s personal injury claims entirely. In […]