If you own a car that is involved in a Ontario Highway Traffic Act, the owner of a registered vehicle is “liable for loss or damage sustained by any person by reason of negligence in the operation of the motor vehicle.”However, an owner may escape liability if the person driving the vehicle had possession “without…
The Canadian family is changing. According to Statistics Canada, in 1991, 42% of Canadians were married, and 5.5% were cohabiting with another person as a couple. By 2017, the percentage of Canadians who were married had fallen to less than 39%, and the percentage who were cohabiting had jumped to almost 10%.Social shifts like these…
Like most Canadian provinces, Ontario follows a “loser-pays” rule in civil litigation. This means that as a general rule, the prevailing party in a lawsuit can seek reimbursement of a portion of the costs associated with the litigation from the losing party. Ultimately, if the parties fail to agree on costs, a judge makes the…
During 2016, more than 70,000 new civil lawsuits were filed in the Ontario Superior Court of Justice (SCJ). The SCJ is the provincial court that hears all civil proceedings in Ontario. But, although 70,000 lawsuits may sound like a lot, that figure pales in comparison to the number of legal disputes addressed by forms of…
If you are involved in any kind of litigation or contested judicial proceeding, you want to know that the person deciding your case will act fairly and impartially according to the law. This is especially important in car accident cases in which an injured driver or passenger seeks statutory accident benefits.Statutory benefits are a key…
In 2012, more than 1.6 million Ontarians over 15 years old reported having a disability. That figure represented 15.4% of Ontario’s over-15 population at that time. Disabilities often prevent a person from gainful employment, making it impossible for that person to support him- or herself.Fortunately, a disabled worker may be able to rely on one…
In Ontario, a negligent driver is not automatically liable for the “pain and suffering” or other non-pecuniary damages sustained by a car accident victim. The Ontario Insurance Act expressly states a driver is not responsible for such damages unless one of two exceptions apply: The first exception is for accidents in which the victim suffered…
According to the Ontario Provincial Police (OPP), between January 1 and July 9, 2017, Ontario roads patrolled by the OPP saw 24 fatal accidents involving transport trucks. During the same period this year, that number rose to 33, representing a 38% increase. Overall, truck crashes in Ontario have accounted for 11% of all traffic collisions…
Every Ontario driver is required to carry auto insurance. Unfortunately, many drivers ignore this mandate. Or if they do have insurance, it is insufficient to compensate a motor vehicle accident victim for the full amount of his or her injuries. So what does the victim do in such circumstances?Generally, the victim would turn to his…
If you’re injured in a car accident in Ontario for which another person was at fault, you may already realize that you are entitled to Statutory Accident Benefits under your own auto insurance policy and third-party liability coverage under the at-fault driver’s policy. But what happens if you have a personal injury claim against another…
In 2014 (the most recent year for which final Ministry of Transportation), there were nearly 180,000 motor vehicle accidents involving only property damage. Of course, most of the 39,000 accidents that also caused personal injury or death included property damage as well.And that raises an interesting question that we don’t often hear addressed: What’s to…
During 2016 and 2017, nearly 18,000 Canadians were hospitalized after suffering a sports injury, according to the Canadian Institute for Health Information (CIHI). In addition to taking the fun out of otherwise enjoyable activities, sports injuries also occupy a unique place in Ontario personal injury law.Specifically, obtaining a legal recovery for an injury sustained while…
Car accident victims in Ontario face an uphill struggle when it comes to seeking damages from a negligent driver. First, the victim has to collect evidence and present it in a tort claim in court to prove the negligent driver is liable. Then, even after the other driver’s fault has been established, Ontario limits pain…
Childbirth is one of life’s most beautiful events. We commonly hear people refer to the process in religious terms, calling it a “miracle,” which is how it often seems to new parents. But childbirth is an odd sort of miracle, because it is also fraught with risks. One Ontario judge has referred to it as…
When many people think of personal-injury lawsuits, they think of the exorbitant judgments we often hear about coming out of the United States. A significant portion of those judgments is typically a high award for the physical and mental pain and suffering that a person endures as a result of his or her injury.In Ontario,…
In March 2018, the Legislative Assembly of Ontario enacted Rowan’s Law (Concussion Safety), a new law aimed at protecting amateur athletes from the dangers of concussions. A concussion is a traumatic brain injury caused by the movement of the brain inside the skull, typically as the result of a bump or blow to the head…
Before a personal-injury lawsuit in Ontario goes to trial, the parties engage in discovery. Discovery is a process by which the parties share information and evidence with each other to encourage a settlement and avoid “trial by surprise”—the sort of unanticipated evidence or witnesses that make fictional lawsuits so entertaining.Normally, the materials shared in discovery…
Ontario law requires all auto insurance companies to provide specific benefits to policyholders. These requirements are set forth in the Statutory Accident Benefits Schedule (SABS). Depending on the specific facts of your car accident, you are entitled to benefits such as medical treatment costs (beyond what your other insurance covers) and income replacement benefits if…
A serious motor vehicle accident can leave you unable to return to work and thus earn a living. In such cases you may be eligible for benefits under a long-term disability insurance policy, as well as damages from the negligent driver in a separate tort (personal injury) claim. Of course, either the negligent driver or…
In any Ontario personal injury claim, such as a lawsuit against a negligent driver who caused a car accident, either side has the right to request a jury trial. This is normally done by serving the other party with a jury notice. But while a jury trial is the norm, the other side may file…
There are a surprisingly large number of Canadians who think they can represent themselves in court without the assistance of a qualified lawyer. Self-represented litigants are quite common these days in family court matters like divorce, but they are increasingly seen in other kinds of civil matters, as well, such as slip and fall accident…
Herniated discs are no laughing matter. They’re a type of back injury that may be caused by a slip and fall injury or car accident — and you may not notice the pain right away. A herniated disc may even cause pain or discomfort to radiate down to your feet, making it difficult to enjoy…
One of the more complex issues that often need to be addressed following a Toronto car accident is determining fault when two or more parties are involved. Take a simple, two-vehicle collision in which each driver insists the other caused the accident. What happens if a judge or jury decides both sides were liable to…
The birth of a child is one of the most joyous events in any person’s life. Seeing your newborn son or daughter for the first time after nine long months of the physical and emotional burdens of pregnancy is an experience like no other.But when a pregnancy or birth is marred by negligent medical care,…
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 planned to celebrate the arrival of their new baby instead must face the question of how to pay for a lifetime of medical care for a severely injured child. In…
The results of this quiz are not intended to guarantee the outcome of your potential case. It is an application we have developed to help you get a better understanding of your situation and should not be viewed as the equivalent of speaking with a lawyer.
