Van Dyke Injury Law Blog

In a recent appeal decision from B.C. called Barta v. DaSilva[1] the court was asked to consider whether the mild traumatic brain injury suffered by a securities trader in a motor vehicle accident caused him to make poor financial investments, to the tune of $5 million in losses. The accident victim, Barta, was involved in […]

For those Ontario workers who have Workplace Safety Insurance (WSI) claims arising from a workplace accident, the process of submitting a claim can be confusing and harrowing at the best of times. This is especially true if the claim is ultimately denied; an unfavourable outcome can add “insult to injury,” as the old saying goes. […]

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 […]

In a recent WSIB Appeals Tribunal case Decision No. 1599/17, 2017 ONWSIAT 2025, a 59-year old electrician attended at his doctor’s office on October 5, 2011, complaining of injuries he had sustained in a workplace accident the day before and indicated that he had fallen off a ladder when installing a pot light in a […]

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 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 […]