Van Dyke Injury Law Blog

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 […]

In a recent WSIB case, an interesting issue arose as to whether a commissioned door-to-door salesperson, who was hit by a car while crossing the street on his lunch break, was acting “in the course of his employment” within the meaning of the Ontario Workplace Safety and Insurance Act, 1997 (the WSIA). The car that […]

In a recent medical malpractice case involving an allegedly-botched hernia operation, the court looked closely at the role of Expert witnesses at trial, and the nature of the evidence they are required to give when evaluating whether the performing surgeon fell below the legal standard of care. The court’s comments are important, because they pertain […]

Anyone making a motor vehicle accident claim under the Ontario Statutory Accident Benefits Schedule (“SABS”) must satisfy at least two initial requirements: there must be an “automobile”, and it must have been involved in an “accident”. The decision called Unifund Assurance Company v Security National Insurance Company considers the first of these elements: specifically whether […]

While acknowledging that some litigation moves more slowly than others, the court in a recent Ontario medical malpractice case was asked whether a lawsuit brought by a deceased patient’s husband should be dismissed outright because of the 6-year delay in moving the matter along to trial. The man’s wife had died in 2008 during surgery. […]