Monthly Archives: July 2012
Charged with Careless Driving…Can You Still Sue for Your Damages?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, liability, motion, motor vehicle accident, personal injury, summary judgment on
The Issue
If you rear-end another car and you are charged with careless driving, can you sue the other driver (the car you hit) for damages for the injuries and loss that you have suffered?
Normally, plaintiffs are the ones who are rear-ended and it is expected that they can claim their damages for injuries suffered (a notable exception: here).
But if you rear-end, can you still sue?
Why This Matters
The recent Ontario Superior Court of Justice case of Hatzitrifonos v.… Continue Reading
Is a Fractured Left Knee a Serious and Permanent Injury?
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury, security for costs, surveillance on
The Issue
In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.
If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.
Why This Matters
Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading
You Must Pay Before You Can Sue: $200,000 in Security for Costs Awarded
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, security for costs on
The Issue
In certain situations, the Court can order that a plaintiff (bringing a lawsuit) must pay money into Court as a pre-condition to continuing their lawsuit.
Why This Matters
The recent Ontario Superior Court of Justice case of Future Health Inc. v. Economical Mutual Insurance Company, 2012 ONSC 4308 (CanLII) deals with a plaintiff company that was bankrupt and bringing this lawsuit against the defendant. The plaintiff bankrupt company was ordered to pay security for costs, arising from the concern that the plaintiff had ‘nothing to lose’ with the lawsuit – i.e.… Continue Reading
Toronto Star: Your Beef: Why did insurer approve repair estimate without reader consent?
On behalf of Bougadis, Chang LLP Barristers posted in contracts, news & events on
Our thanks to Mr. Eric Lai of the Toronto Star’s Wheels section for allowing us to participate in his June 26, 2012 article, Your Beef: Why did insurer approve repair estimate without reader consent?
Gregory Chang
Toronto Insurance Lawyer… Continue Reading
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