Monthly Archives: October 2010
Videotaping Medical Experts (Examining You on Behalf of the Opposing Insurance Company) – Part 3
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, experts, insurance law, motion, motor vehicle accident, pain and suffering, personal injury on
Further to our September 15, 2010 blog and our October 27, 2010 blog, we discuss the ongoing caselaw on the issue of audiotaping or videotaping a defence medical assessment arising in a personal injury lawsuit.
In Bakalenikov v. Semkiw (2010 Ontario Superior Court of Justice), the issue of videotaping or audiotaping a psychiatry defence medical assessment is discussed, with an extensive analysis of the caselaw and effect of Rule 53.03.
Master Short notes that the objectivity of the proposed defence psychiatrist is challenged in this motion. … Continue Reading
Videotaping the Medical Expert Who Is Examining You (on Behalf of the Opposing Insurance Company) – Part 2
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, experts, insurance law, motion, motor vehicle accident, pain and suffering, personal injury on
If you are hurt in an Ontario car accident, you may decide to sue for damages arising from your injury and loss.
During your lawsuit, the insurance company defending your claim may wish to evaluate you by requiring you to attend for one or more medical assessments by medical doctors of their choosing.
Are you allowed to audiotape or videotape this medical assessment? As background, readers may wish to review our September 15, 2010 blog.
A recent and important analysis of this issue is found in Adams v.… Continue Reading
Multiple Medical Assessments in Your Car Accident Lawsuit > How Many is Too Much?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
You are involved in a car accident in Ontario and then you start a tort lawsuit, suing for damages as a result of injury and loss that you have suffered.
Typically you are suing the other driver who you say caused the accident.
During the course of the lawsuit, the other driver’s insurance company (who is defending the lawsuit), wishes to evaluate your claims by having you assessed by medical doctors of their choosing.
Very often and responding to the claims that you are advancing, these are medical assessments by psychiatrists or psychologists, orthopaedic surgeons, physiatrists, neurologists, neuropsychologists and others.… Continue Reading
Scope of Rule 53.03 > Use of Accident Benefits Experts in Your Tort Lawsuit
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, court civil procedure, experts, income replacement benefits, insurance law, medical and rehabilitation benefits, motion, motor vehicle accident, personal injury on
After being involved in an Ontario car accident, you will likely apply for Accident Benefits under our no-fault regime. You may claim for income replacement benefits, medical and rehabilitation benefits (i.e. physiotherapy, chiropractic treatment, massage, acupuncture, prescription medications etc), attendant care, re-training or vocational assessment benefits or other benefits.
After you apply for the benefit, your Accident Benefits insurer may seek to test or evaluate your request, by sending you to be examined at an independent medical examination (i.e. IME) by a medical practitioner of their choosing. … Continue Reading
E-Bikes and Risk > Canadian Insurance Top Broker
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, insurance law, motor vehicle accident, news & events, personal injury on
Our thanks to Canadian Insurance Top Broker and Terri Goveia for allowing us to participate in their article last week about the emerging risk of e-bikes in Ontario, which currently are not required to be insured. The article is also here in PDF format.
As background, readers may wish to review our October 5, 2009 blog on e-bikes or ourMarch 30 and June 2 blogs regarding bicyclists.
Gregory Chang
Toronto Insurance Lawyer… Continue Reading
Auto Dealer Fails to Deliver Discounted Car
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 article last weekend. The PDF version of the article is here.
Some of the legislation referred to in Mr. Lai’s article include:
Section 39 of Regulation 333/08 of the Motor Vehicle Dealers Act, 2002; Ontario Motor Vehicle Industry Council – www.omvic.on.ca; Ontario Small Claims Court; and Ontario’s Consumer Protection Act, 2002.Our thanks again to Mr. Eric Lai and the Toronto Star Wheels section.… Continue Reading
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