Posts Categorized: court civil procedure
The Issue: A recent case illustrates the factors considered by a Court in determining whether an employee qualifies for long-term disability coverage.
This Case Situation
A personal banking officer, a 37 year old married mother of two, worked for the Bank of Nova Scotia for approximately 4 years prior to applying for short-term disability benefits (“STD”) and then long-term disability benefits (“LTD”) as a result of anxiety and depression problems.
Her anxiety was related to panic attacks, which would manifest itself with tightness in her chest, shortness or lack of breath and also becoming disoriented and physically shaking.… Continue Reading
The Issue: If you lend your car to someone who doesn’t have a proper driver’s license, who then gets into a car accident, are you (as owner) denied coverage from the resulting lawsuit by the other driver who was hurt in the accident?
This Case Situation
In this recent case, a 23 year old bank employee lent his vehicle to his girlfriend, with whom he had been together with for 5 months.
Unfortunately, the girlfriend got into a car accident, at which point it was revealed to the boyfriend (car owner) that she only had a G1 driver’s license, which was a restricted learner’s driver’s license.… Continue Reading
The Issue: With multiple defendants, one of whom was not easy to locate and was not served, the lawsuit moved forward.
Then with further developments, it became important to locate and serve the ‘missing’ defendant, 6 years after the car accident.
Can a plaintiff obtain an extension of time (from the usual 6 months) to serve the Statement of Claim, to 4 years after the Statement of Claim was issued?
This Case Situation
A pedestrian died after being hit multiple times by various motor vehicles on the QEW near the City of Burlington.… Continue Reading
The Issue: Sometimes after an Ontario car accident, insurers fight each other over who is “responsible” for paying the injured person(s) Accident Benefits claims.
This is not usually a concern of those in car accidents, but it is interesting to consider some of the background dealings that arise from car accidents.
With car accidents in Ontario, the people involved usually have an entitlement to Accident Benefits regardless of fault – i.e. the driver who caused the accident is usually entitled to the same level of benefits as the innocent victim.… Continue Reading
The Issue: Can a husband, not involved in the car accident nor present at the crash site, develop PTSD as a result of the shock and emotional upset of his wife being involved in this very serious accident and dying shortly thereafter from her injuries?
Can that husband add the PTSD claim to his Statement of Claim, by amendment, some 3.5 years after the car accident?
Why This Matters
When a person is involved in a car accident, it is a common sequelae for many victims in Ontario to suffer from emotional anxiety and distress and, in the course of seeking medical treatment, a diagnosis of PTSD (post traumatic stress disorder) is fairly common.… Continue Reading
The Issue: In this interesting case, the plaintiff driver hit another car from behind. She sued her own insurance company, alleging that another vehicle, whose identity she does not have, drove dangerously in front or beside her, causing her to take avoidance maneuvers and thereby hit the car in front of her: Chmielewski v Pishchak, 2014 CanLII 7592 (ON SC)
This summary judgment motion, brought by the insurer responding to this unidentified driver claim, was based upon the provisions related to Ontario’s insurance coverage regarding unidentified vehicles – the OAP-1 and the OPCF R44.… Continue Reading
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