Many Ontarians have long-term disability insurance through their employers. Such policies provide income replacement if the employee is unable to return to work after other short-term disability benefits expire. In some situations, an employee may not immediately recognize to apply for long-term disability. For instance, if the employee suffered a traumatic brain injury, the more…
We all remember the fun of playing in our friends’ backyards when we were kids, particularly if they had a playground or trampoline. Trampoline parks are meant to combine the best of both worlds, but they can also be incredibly dangerous. In Canada, there are few safety regulations for trampoline parks that are actually enforceable,…
When a person is injured by another’s wrongdoing — whether those injuries are physical or emotional, as in a personal injury claim, or only legal, as in a breach-of-contract claim — Ontario law permits the injured person to sue for compensation for his or her injuries.That compensation comes in the form of damages, which are…
According to the World Health Organization, depression is the leading cause of disability worldwide — it affects more than 300 million people globally. In Canada, by the time a person turns 40, there is a 50% chance that he or she has, or has had, a mental illness.Thankfully, Canadian law and disability insurance policies generally…
Every January sees a dramatic influx of new members to Ontario gyms. The Central Ontario Better Business Bureau estimates that gym activity increases by 50% from December to January, and at least one gym in Kitchener reported that 70% of its new members sign up that month.Although many of those new members stop going by…
Ontario law entitles a plaintiff to recover damages from a defendant who negligently injures him or her. The goal of the law is to return the plaintiff to the original position — that is, the position the plaintiff would have been in had the injury not occurred.For some kinds of damages, like medical bills or…
With the Winter Olympics in Pyeongchang having completed, we can’t be the only ones thinking of taking some time off for our own snowy sporting fun closer to home. One popular, practical, and relatively inexpensive option for winter-time thrill-seekers throughout Canada is tobogganing, also known as riding a thin board downhill at high speeds.Not to…
Undergoing surgery always involves risks. Before a surgeon can operate on a patient, he or she must first inform the patient of the material risks involved in the procedure, and obtain the patient’s consent in light of those risks. But one risk that many people — including medical professionals — are often unaware of is…
We’ve discussed Ontario slip and fall cases in detail in the past. As we explained then, such cases are governed by the Occupiers’ Liability Act (OLA). The crux of the OLA is found in section 3(1), which provides that:[a]n occupier of premises owes a duty to take such care as in all the circumstances of…
Since 2014, the number of ridesharing services operating in Ontario has ballooned. Uber began offering its app that year, and it was joined by RideCo in 2016. Late last year, InstaRyde, Facedrive, ecoRIDES, and Lyft also began offering their own ridesharing solutions in Toronto.The response has been enthusiastic. In fact, even before Lyft launched its…
The last few years have seen significant fluctuations in the annual number of motor vehicle collisions in Ontario causing personal injuries or death. In 2014, there were 38,724 such accidents — 4,000 fewer than in 2013. 2015 saw fatal collisions and injury collisions jump to nearly 40,000. In 2016, the number fell again, to less…
In 2011, Statistics Canada published a report on injuries using information from the 2009 to 2010 Canadian Community Health Survey. It found that falls were the leading cause of injury in Canada. Among adolescents, these typically occurred while playing sports. But among seniors, falls usually occurred while walking or doing household chores.When those injuries —…
Last updated Jan. 22, 2018.Dairn Shane and Joseph Fearon were successful at the Supreme Court of Canada in a landmark ruling on psychological injuries, Saadati v. Moorhead. Mr. Shane argued the case at all levels of appeal and at trial.Mr. Saadati suffered serious psychological injuries as a result of multiple car accidents. The Court of…
Every year in Ontario, tens of thousands of Ontarians suffer personal injuries as the result of motor-vehicle collisions, medical negligence, dangerous premises, defective products, and other causes. Unfortunately, not every injured Ontarian understands his or her legal rights in the context of a personal injury for which another person is at fault.Two of the most…
Over the summer, we published a video to answer the question, “What is a tort claim?” In it, we explained, “If a person’s negligent act caused your injuries, you are entitled to recover your damages from them in a lawsuit. This is called a tort claim.”That definition is good insofar as it goes, but today…
Despite the fact that Ontario law requires all drivers to carry automobile insurance, approximately 2,100 motor vehicles involved in Ontario collisions each year are uninsured. Usually, when a person is injured in an accident with an uninsured vehicle, he or she can still access the statutory accident benefits (SABs) provided by his or her own…
If you’ve ever been seriously injured in an Ontario auto accident, then you probably know the kinds of ongoing effects those injuries can have. Even long after any cuts, bruises, or breaks have healed, you may still suffer from pain, and the parts of your body injured back then may be more vulnerable to further…
A broad range of factors will affect the value of your personal injury claim. It is impossible for a lawyer to promise a value for which your claim will resolve. In fact, the value of your claim may not be clear right after the accident. It may take time for doctors to evaluate the true…
Most personal injury claims settle without proceeding to trial. Claimants – or their lawyers – are often able to negotiate a fair settlement that accounts for their damages. But in some cases, the parties are unable to reach a fair settlement and must proceed to trial to resolve the case.In many cases, our injury lawyers…
A personal injury claim is a legal claim a person (plaintiff) can make if another party (defendant) injuries the claimant, usually because of the defendant’s negligence. Some common types of personal injury claims include: Motor vehicle accidents Slips and falls Dog bites But just because you suffered an injury in an accident does not mean…
There is no legal requirement to hire a lawyer in order to commence a legal action. You are entitled to file and negotiate your personal injury claim on your own without legal counsel or representation. But choosing to hire a Toronto injury lawyer may have several important benefits.Relieve the Burden of Filing a ClaimFiling a…
Given Ontario’s proximity to the United States, the prevalence of American media in popular culture, and the relative infrequency with which most people interact with the courts, it comes as no surprise that some Ontarians are more familiar with American legal concepts than their relevant Ontario counterparts.But personal injury cases in the United States and…
In late 2010, the Financial Services Regulatory Authority of Ontario (FSRA), which regulates auto insurance, released the Minor Injury Guideline (MIG), updating it in 2011. MIG provided detailed rules for the treatment of “minor injuries” resulting from auto accidents.It also set a limit of $3,500 on the amount of benefits available for medical and rehabilitation…
Recently, we discussed potential major proposed changes to Ontario auto insurance recommended in a report from the Ministry of Finance. That report — known as the Marshall Report after its author, David Marshall — made some three dozen recommendations for how auto insurance in Ontario could be reformed to reduce insurance premiums.In our article responding…
Last updated Jan. 22, 2018.When a person is involved in an auto accident in Ontario, his or her first thought will typically be to the immediate needs of medical care, vehicle repair, and possibly the need for a temporary auto replacement. Once these immediate concerns have been tended to, accident victims often want to know:…
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.
