Category: Injury Claims

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 […]

Anyone initiating 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. […]

That is what a proposed class action lawsuit wants to prove. A representative plaintiff and other members of the class action will argue that they were wrongfully denied the full extent of benefits to which they were entitled under the Workplace Safety and Insurance Act from 2012 to 2014. The lawsuit contains some fairly serious […]

Would an insurance company be so driven to deny benefits to an injured person that they would spend more on medical assessments than on actual injury compensation? It sounds too ludicrous to be true. And yet, a recent and revealing article in the National Post summarizes an Insurance Bureau of Canada report that says yes, […]

That’s the question that a group of legal clinics and other workers’ rights advocates has put to the Ontario Ombudsman. In a submission dated November 7th, the group draws attention to Ontario workers suffering from chronic occupational stress disabilities. Their letter emphasizes that the WSIB “continues to apply legislative provisions and policy that have been […]

Sometimes the full effects of changes to auto insurance legislation aren’t felt or understood until you have to make a claim. There are so many numbers, conditions and exceptions to keep track of, and it can be hard to truly appreciate these abstracts. Here is a recent news story that illustrates this concept perfectly. 34-year […]

It is a scary thought for Ontario workers: the idea that the WSIB might not have enough money in reserves to pay out all potential future claims. For many years, WSIB has been operating with an unfunded liability (UFL) in the billions, but the Board says it’s now close to eliminating that deficit — years […]

If you are badly injured, you may wish to file a lawsuit with the goal of getting financial compensation for your pain, suffering and other expenses you now have as a result of your injury. The money awards (known as “damages”) available through the courts can be broken up into two main categories: pecuniary and […]