Van Dyke Injury Law Blog

Any person who makes a claim for Canada Pension Plan (CPP) disability benefits must supply medical evidence that he or she has a “disability” within the governing legislative definition. This is routinely done through expert evidence provided by a qualified, impartial doctor to whom the claimant has been referred by other treating physicians. But what […]

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 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 permutation is somewhat uncommon: Typically, when one car hits another from behind, it is the […]

An important recent decision from the Ontario Court of Appeal highlights a vital fact for insured persons:  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 by way of the courts. The facts of the case involved a […]

A recent Ontario pedestrian-accident case highlights an important legal concept that is fundamental to resolving insurance claims. It is the “transmission of force” principle, which in multi-car accidents helps isolate the vehicle that is legally adjudged to be the root cause of the accident, and can apply to a stationary vehicle that is hit by […]

Injured workers who currently receive benefits under the provincial Workplace Safety and Insurance (WSI) program should be aware of proposed changes to Ontario employment and labour law, including changes that are feared by injured workers’ advocacy groups to impact the level of WSI benefit entitlement. In mid-July 2017, the Ontario Ministry of Labour announced that […]

In a recent motor vehicle accident case, the court rejected the plaintiff’s late-breaking switch in litigation strategy as “opportunistic”.  Instead, it allowed the defendant to amend his court pleadings a full two years after the accident, which potentially shut out the plaintiff’s personal injury claims entirely. Trudeau sued Cavanaugh for personal injuries he claimed to […]

Summer is the season for family vacations, with many people choosing to enjoying time at a cottage. But summer is also the prime season for boating accidents. These can happen in a split second, but the repercussions can be tragic and long-lasting. They may even result in personal injury litigation, which can take years to […]

Routinely, I field questions about how damages are assessed in personal injury matters. Needless to say, the determination is highly complex and depends on a staggering array of factors, including the nature of the injury suffered, and the age and circumstances of the person afflicted. Two recent court decisions from B.C. highlight the complicated interrelationship […]

A recent case called Cvetkovski v. Canada (Attorney General), involved a 50-year-old man who had applied unsuccessfully for Canada Pension Plan (CPP) benefits. He had a long history of psychological disorders which made it difficult to relate to others, and left him with low energy or motivation to do his job. To try to cope […]