Category: Injury Claims

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 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 […]

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 […]

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 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 […]