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The Supreme Court’s thundering decision in favour of abuse victims

Our highest court had been hearing all of the usual arguments and decided that it had heard enough. In a lengthy judgment, the court eviscerated many of the typical defence arguments. The Court literally wanted to send some messages to the legal profession, and came out of the gate firing on all cylinders.

Pain and Suffering Awards in Dog Attack Claims: The Risks of Dog Ownership

After being bitten or mauled by an aggressive dog, injured survivors of the dog attack often incur substantial damages. Because of the permanent, severe nature of injuries sustained in dog attacks, survivors of these traumatic events may be entitled to pain and suffering damages. To learn more about when dog attack victims may be entitled to awards for pain and suffering, click here.

Gain Peace of Mind Through a Structured Settlement

Canadian law permits claimants to place portions of their personal injury settlements into a structured annuity. This guaranteed tax-free payment can be received each month for a set period. Structures give claimants absolute certainty that there will be sufficient funding for treatment costs, care needs, income replacement, and other aspects of their claim long after the settlement has been finalized. To learn more, click here.

Equitable Remedies Relating to Long-Term Disability Policies

If your claim for long-term disability (LTD) benefits has been denied by an insurance company, there are several factors to be considered, including whether the doctrine of Relief from Forfeiture might apply. Relief from Forfeiture is an equitable remedy available through the Court’s inherent jurisdiction. It is a discretionary remedy that the Court can utilize to protect a person’s rights, even in cases where there is a lack of strict compliance with the terms of the insurance policy. To read more, click here.

The LAT Finds Another Claimant CAT: Perhaps it is the Sign of a New Trend

Based on anecdotal evidence, it seemed clear that the Licence Appeal Tribunal (LAT) had been favouring the opinions of insurers when determining whether applicants qualified for a catastrophic impairment (CAT) designation. However, recent, well-reasoned decisions signal that a new trend is underway at the LAT, giving hope to many catastrophically impaired survivors of motor vehicle accidents throughout the province. To read more, click here.

The LAT Finds a Claimant CAT: An Outlier or the Sign of a New Trend?

A general review of recent decisions at the Licence Appeal Tribunal (LAT) indicates an increasingly high volume of rulings in favour of insurance companies when determining catastrophic impairments. However, a recent, well-reasoned decision may be the sign of a new trend at the LAT, as a deserving applicant was fittingly determined to be catastrophically impaired. To read more about this case, click here.

Who Can Make a Claim Under the Family Law Act?

When people sustain injuries as the result of someone else’s negligence, in many situations, they are not the only ones who face direct consequences. Many family members of injured or wrongfully deceased accident victims incur significant financial losses because of another person’s wrongdoings. However, under the Ontario Family Law Act, certain relatives of injured parties may be entitled to compensation for their own damages. To learn more, click here.

 
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