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.
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.
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.
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.
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.
Everyone on campus has a role to play in the prevention of sexual violence. On university and college campuses, female students are most likely to be the targets of sexual assault. However, it is important for all students to be aware of the dangers their classmates face and take action to curb the tide of this alarmingly widespread issue. This begins with a fulsome understanding of consent. To learn more, click here.
It is not uncommon for insurance providers to deny claims for long-term disability benefits or prematurely and unfairly terminate a recipient’s payments. Doing so can cause disabled individuals a great deal of stress, anxiety, and fear. In some cases, insurers who treat their clients unfairly may be required to pay punitive and aggravated damages. To learn how a long-term disability lawyer may be able to fight back against the hardball tactics often used by insurers, click here.
Just because a traffic light is green does not mean drivers can abandon all caution. Drivers always have a duty to take reasonable care at an intersection, even if they are approaching a green light. If another driver runs a red light and strikes another vehicle, in some circumstances, the driver of the car that got hit may be considered partially responsible for the collision. To learn more, click here.