Van Dyke Injury Law Blog
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 […]
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 […]
In a recent case called Cvetkovski v. Canada (Attorney General), 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 examined 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 […]