Case Summaries
long-term disability Claims
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March 12, 2024
Blue Cross Ordered to Pay Record $1.5 Million Damages in Ontario Disability Claim Case
We explore the landmark case of Sara Baker against the insurer, delving into the legal intricacies of the case, shedding light on insurance industry practices…
institutional abuse Claims
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December 7, 2023
The Supreme Court’s thundering decision in favour of abuse victims
While defence tactics in sexual abuse claims can revictimize survivors, a recent Supreme Court case provides a new legal framework toward respect….
dog bite Claims
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October 17, 2023
Pain and Suffering Awards in Dog Attack Claims: The Risks of Dog Ownership
Depending on the severity of their injuries and the impacts of being attacked by a dog, victims may be entitled to pain and suffering damages….
catastrophic impairment injury Claims
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September 29, 2023
The LAT Finds a Claimant CAT: An Outlier or the Sign of a New Trend?
Oftentimes, the Licence Appeal Tribunal favours insurance companies when determining catastrophic impairments. A recent case may signal a new trend. Read more….
accident benefit Claims
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August 18, 2023
Denial of Benefits Post-Varriano: A Medical Basis for a Denial Still Needs Medical Reasons
While a medical reason for a denial may not be required if there is no medical basis for the denial, one is required when the…
personal injury Claims
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August 4, 2023
Courts Must Put Victims First
Courts often face dilemmas when determining both liability and damages. But they are guided by the principle that the victim should come first. Read more…
car accident Claims
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July 31, 2023
Not Barred: S.44 and The Importance of Compliant Notice
Simply because an insurer requests a benefits claimant to attend a medical examination does not necessarily mean it is required or necessary. Read more here….
car accident Claims
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April 5, 2023
Shwaluk v Royal & Sun Alliance, 2023 ONLAT 20-000137/AABS
With the help of David Preszler, our deserving client received compensation for the attendant care and medical treatments she needed. To learn more, click here….
long-term disability Claims
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March 24, 2023
Late Long-Term Disability Applications: What Relief is Available?
There are many reasons why an LTD benefits claim might be submitted late. But does late submission always mean an automatic denial? Click here to…
personal injury Claims
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March 7, 2023
Following the Breadcrumbs to an Economic Loss
Several factors must be taken into account when evaluating an injured accident survivor’s total economic losses. To read more about this process, click here….
wrongful death Claims
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February 28, 2023
Seeking Justice for Wrongful Deaths
Relatives who have lost loved ones as the result of another party’s negligence may be entitled to compensation. But will it ever be enough? Click…
accident benefit Claims
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February 9, 2023
Determining Catastrophic Impairments After Multiple Car Accidents
Determining whether a survivor of multiple motor vehicle accidents should be entitled to catastrophic impairment benefits can be difficult. Click to learn more….
long-term disability Claims
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November 22, 2022
Fraser v. Fenchurch General Insurance Company, 2022 ONSC 6222
David Preszler successfully obtains Punitive and Aggravated damages against Fenchurch General Insurance Company on behalf of his deserving client. Read more….
car accident Claims
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November 7, 2022
Day v. Belair Direct Insurance Company, 2022 ONLAT 20-005063
Preszler Injury Lawyers helped a client recover the benefits she deserved even though her insurance company tried to withhold what she was owed. Read more…
slip and fall accident Claims
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September 21, 2022
Musa v. Carleton Condominium Corporation No. 255 et al., 2022 ONSC 1030
After slipping on ice outside his building, an injured accident victim tried to hold his condominium and its winter maintenance company accountable. Read more….
car accident Claims
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August 19, 2022
Co-Operators General Insurance Company v. Branden, 2022 ONSC 2473
An insurer tried to re-calculate their policyholder’s benefits based on a settlement she received from another source. To learn what happened, click here….
slip and fall accident Claims
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July 11, 2022
Sierakowski v. Grand, 2022 ONSC 3150
As the result of a slip and fall caused by uncleared ice, a man suffering from chronic COPD required hip surgery and incurred substantial damages….
car accident Claims
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July 4, 2022
Kalk v. Intact Insurance Company, 2022
After a severe collision left a car accident survivor catastrophically injured, her insurer denied that she was entitled to certain benefits. Click to read more….
car accident Claims
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June 29, 2022
Waller v. Brown, 2022 ONSC 3510
Despite being unable to work after a car accident, the defendants in this case sought to prove that the plaintiff’s injuries were not “serious.” Read…
car accident Claims
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June 20, 2022
G.P. v Wawanesa Mutual Insurance Company
Read more on G.P. v Wawanesa Mutual Insurance Company here….
institutional abuse Claims
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November 22, 2021
An Ongoing Legacy of Abuse in Hockey Leagues
A high-profile case of sexual abuse in the NHL reveals a well-established culture of misconduct in both professional and junior hockey leagues. Read more….
long-term disability Claims
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March 12, 2021
Sun Life Facing Potential LTD Benefits Class Action Lawsuit
Sun Life Assurance Company (Sun Life) is facing a potential long-term disability benefits class action lawsuit. If you think your benefits payments may have been…
personal injury Claims
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July 8, 2019
Are Members of My Family Automatically Covered by My Ontario Insurance Policy?
Click here to read more about whether members of your family are automatically covered by your Ontario insurance policies. For a free consultation, contact one…
personal injury Claims
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July 7, 2019
The Family Member’s Rights in a Personal Injury Case
A personal injury case can impact more than just the victim, as family members may be affected too. Call Preszler Injury Lawyers to schedule a…
news
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July 3, 2019
Bonter v. Estate of Laird: Possession, Consent, and a Motor Vehicle Accident
Contact Preszler Injury Lawyers today if you have been injured in a motor vehicle accident. Our personal injury lawyers in Toronto want to advocate for…
car accident Claims
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July 3, 2019
Ontario Bus Accident Victim Recovers Nothing Due to Statutory Deductible
If you have questions about a statutory deductible after your motor vehicle accident, call us! A Toronto personal injury lawyer can guide you through the…
pedestrian accident Claims
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July 3, 2019
Does Uninsured Motorist Coverage Apply to Drive-by Egg Attack?
Contact Preszler Injury Lawyers today if you have been injured in Toronto by an uninsured motorist. Insurance companies will go to great lengths to avoid…
bicycle accident Claims
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July 3, 2019
Toronto Faces Personal Injury Trial Over Bicycle Accident
Contact one of our personal injury lawyers at Preszler Injury Lawyers today if you have been injured in a Toronto bicycle accident. Bicycle accidents can…
car accident Claims
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July 3, 2019
Bicycle Accidents: What Damages Can I Seek?
Bicycle accidents can cause serious injuries. It is frequently important to seek prompt medical attention and potentially consult a personal injury lawyer in Toronto. Contact…
car accident Claims
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July 3, 2019
How do I Prove an Unknown “John Doe” Caused My Auto Accident?
Were you hit by an unknown driver? Contact Preszler Injury Lawyers if you have been injured in an auto accident and need help with an…
accident benefit Claims
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July 2, 2019
Can I Receive Accident Benefits if I Lose My Job After a Car Accident?
Call Preszler Injury Lawyers today if you need help obtaining insurance benefits following a car accident. Contact us for a free consultation today….
car accident Claims
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July 2, 2019
Why You Should Gather Evidence After A Car Accident
Call Preszler Injury Lawyers today if you need legal advice following a Toronto car accident. A personal injury lawyer may be able to advise you…
car accident Claims
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July 2, 2019
Ontario Court of Appeal Upholds Multi-Million Award in Hamilton Snow Plow Accident
If you have been injured in a motor vehicle accident or suffered a catastrophic injury in Ontario contact our personal injury lawyers at Preszler Injury…
personal injury Claims
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May 21, 2019
What Type of Interest or Fees can an Ontario Court Award in a Personal Injury Lawsuit?
A personal injury lawsuit has many facets. Therefore, you may want to work with a personal injury lawyer following any car accident in Toronto. Contact…
bicycle accident Claims
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May 14, 2019
What Damages Can I Seek If I am Unable to Return to Work Due to a Bicycle Accident?
If you have been injured in a bicycle accident, and the healing process is taking longer than expected, you might wonder what damages you can…
car accident Claims
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May 12, 2019
Whom Will a Judge Believe in a “He Said/She Said” Car Accident Lawsuit?
He said/she said car accidents can be a common occurrence, but at the end of the day who will the judge decide to believe in…
car accident Claims
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May 8, 2019
Whose Insurance Pays for an Accident Involving Multiple Negligent Parties?
Individual insurance claims can be complicated enough on their own. It may be even more confusing when you throw in multiple negligent parties. Who does…
car accident Claims
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January 23, 2019
Am I Responsible if a Passenger Grabs My Steering Wheel and Causes an Accident?
“What happens if a passenger grabs my steering wheel in an accident?” We were presented with this question, and although not the most frequent occurrence,…
accident benefit Claims
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January 23, 2019
How is “Pain and Suffering” Determined in Ontario?
Determining the value of “Pain and Suffering” is no doubt an arduous task, and in Ontario this can in some cases still be left to…
car accident Claims
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January 23, 2019
How Ontario Law Prevents “Double Recovery” by Car Accident Victims
Ontario Law can be particularly complicated and ever-changing as far as car accident benefits are concerned, especially when the idea of double recovery comes into…
accident benefit Claims
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January 23, 2019
Calculating Self-Employment Income Losses Following an Auto Accident
Calculating self-employment income can be tricky enough as it is, but for legal purposes do you figure in auto accident benefits as well? We study…
premises liability Claims
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January 22, 2019
Is an Apartment Owner Liable for a Tenant’s Slip and Fall Accident?
Like many cases, slip-and-fall accidents can be particularly tricky as far as determining liability is concerned. In the event of a tenant slipping, is the…
medical malpractice Claims
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January 22, 2019
What is the Standard of Care in Ontario?
Seyom v. Toronto Transit Commission presents us with a unique opportunity to explore the concept of Standard of Care as it applies to Ontario law….
car accident Claims
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January 22, 2019
Understanding the Role of Accident Reconstruction Experts in Ontario
Accident reconstruction experts are particularly useful in personal injury cases in Ontario, especially when a judge cannot establish cause and liability themselves. Citing Clarke v….
car accident Claims
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January 22, 2019
When is a Party Host Liable for Drunk Driving Accidents in Ontario?
Throwing parties is a fairly regular occurrence for many of us, but what happens in the unfortunate event that something goes wrong after the party?…
car accident Claims
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January 22, 2019
What is Resolute Advocacy?
Lawyers in Ontario are expected to advocate resolutely for their clients, but in terms of the law, what actually defines resolute advocacy? We dive into…
pedestrian accident Claims
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January 22, 2019
Do Ontarians Have a Right to a Jury Trial in Civil Matters?
Slip-and-fall accidents can ultimately rest the liability on a variety of parties, depending on where the incident occurred. In the event of arbitration, do Ontarians…
car accident Claims
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January 3, 2019
Is an Impaired Driver Always Liable for a Car Accident?
Is an impaired driver always liable for a car accident? It depends on a variety of different variables; was their impairment directly responsible for the…
long-term disability Claims
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January 3, 2019
Will Accepting EI or Disability Benefits Hurt My Personal Injury Claim?
Suffering a catastrophic injury or dealing with a disability claim may render a person unable to work; but will the acceptance of disability benefits or…
pedestrian accident Claims
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January 3, 2019
Is a Shopping Centre Owner Responsible for a Pedestrian Accident on Its Property?
It’s a common fact that accidents can happen anywhere, and where they occur can play a role in determining liability. Who’s response in the event…
premises liability Claims
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January 3, 2019
Establishing Causation in a Slip-and-Fall Accident
Learn how causation is determined in slip and fall cases and what evidence is required to support your claim. Contact Preszler injury lawyers to discuss…
long-term disability Claims
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October 22, 2018
Recent Case Examines When an Employee’s Disability Frustrates an Employment Contract
In a recent case, an Ontario Superior Court judge explained that a worker’s absence resulting from a disability can amount to a frustration of contract…
car accident Claims
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October 6, 2018
Is the Driver of the Rear Vehicle Always Responsible for A Rear-End Accident in Ontario?
Once a plaintiff in an Ontario motor vehicle accident case has proven that a rear-end accident occurred, the burden of proof shifts to the defendant…
accident benefit Claims
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September 14, 2018
Am I Legally Responsible for Damages to a Stolen Rental Car?
If you take out a rental car, your contract with the owner may require you to assume financial responsibility in the event of an accident….
car accident Claims
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September 6, 2018
Why You Should Never Discuss Your Car Accident on Social Media
You may think that your posts about your car accident on social media are innocuous, but they can be potential evidence the other side uses…
car accident Claims
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September 2, 2018
Am I Liable if My Child Takes My Car and Causes an Accident?
Under the Ontario Highway Traffic Act, the owner of a vehicle is “liable for loss or damage sustained . . . by reason of negligence…
personal injury Claims
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August 26, 2018
How do Costs Work in a Personal Injury Lawsuit Involving Multiple Defendants?
When a plaintiff sues multiple defendants in Ontario, only some of whom are found liable, a Sanderson order or Bullock order can help distribute costs…
car accident Claims
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August 17, 2018
Ontario Judges Chastise SLASTO Executive Chair for “Reviewing” Accident Benefits Decision
A recent Ontario Superior Court case raises the possibility the Licence Appeal Tribunal may not be reviewing accident benefit denials independently. Apparently, LAT maintained an…
car accident Claims
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August 10, 2018
Does My Auto Accident Injury Qualify as a “Permanent Impairment”?
The Ontario Insurance Act specifies that an at-fault driver is only liable for pain and suffering or other non-pecuniary damages caused by an automobile accident…
car accident Claims
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August 3, 2018
How Does Uninsured Motorist Coverage Work in Ontario?
Many insurance companies will deny their own responsibility in uninsured motorist cases, even though Ontario auto insurance policies cover the insured person when in accidents…
car accident Claims
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July 20, 2018
Case Study: Sorting Out He Said/She Said Car Accidents
In many Ontario car accident cases there is no outside evidence, such as a police investigation or independent accident reconstruction, to aid a judge or…
car accident Claims
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July 13, 2018
Dependent on a Relative: Am I Also Covered by Her Ontario Auto Insurance?
Under Ontario auto insurance, an “insured person” includes any “dependant of the named insured or of his or her spouse.” A dependant does not have…
accident benefit Claims
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July 6, 2018
How Ontario Limits Pain and Suffering Damages in a Car Accident
Car accident victims in Ontario face an uphill struggle in court. Even after a victim proves a negligent driver’s liability, Ontario limits pain and suffering…
car accident Claims
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July 2, 2018
Case Study: Car Accident Claims Without Insurance
Those injured in an Ontario car accident without insurance, like a pedestrian involved in a hit-and-run, can seek benefits from the Ontario Motor Vehicle Accident…
accident benefit Claims
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July 2, 2018
Am I Entitled to Statutory Benefits for a Car Accident Outside of Ontario?
Under the SABS regulations, an insurer is only required to cover the insured driver (or occupant) of a vehicle “who is a resident of Ontario…
accident benefit Claims
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June 23, 2018
My Insurer Denied My Request for Statutory Accident Benefits: What Now?
Many Ontarians find their claims for Ontario Statutory Accident Benefits denied by an insurance company trying to get out of its duty to pay such…
car accident Claims
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June 12, 2018
What Happens if I Need to Sue a Negligent Driver and My Disability Insurer Following a Car Accident?
It is possible to consolidate matters into a single trial if both the at-fault driver and your insurer dispute the extent of your accident-related injuries….
personal injury Claims
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June 5, 2018
Do I Have to Let a Jury Hear My Ontario Personal Injury Case?
The question of whether to seek or strike a jury trial is often critical to the success of an Ontario personal injury claim. This is…
professional negligence Claims
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May 22, 2018
How Ontario Juries Address Questions of Contributory Negligence
Under the Ontario Negligence Act, the court is expected to determine “if fault or negligence is found on the part of the plaintiff that contributed…
birth injury Claims
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May 16, 2018
How Will Ontario Courts Compensate My Child After a Birth Injury?
A catastrophic birth injury can rob your child of his or her future even before your child take a breath in this world. Parents who…
premises liability Claims
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January 25, 2018
Ontario Slip and Fall Cases: What Can Go Wrong?
The requirements for proving a slip and fall claim in Ontario are not always clearly spelled out in the Occupiers’ Liability Act. Building a strong…
car accident Claims
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December 6, 2017
Saadati v. Moorhead: A New Era for Personal Injury Law in Canada
Landmark case Saadati v. Moorhead removes barriers to compensation for people who suffer psychological injuries and is an important step toward showing Canadians with psychological injuries the equal respect they…