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Posts Categorized: court civil procedure

Life Insurance Proceeds and Competing Beneficiaries Fighting Over $250,000

Life insurance proceeds can be paid out either by way of beneficiaries designated on the life insurance policy itself or, if no beneficiary is listed, through the deceased’s Estate (i.e. through the Will of the deceased).

What happens when two different people claim to be the beneficiaries of a $250,000 life insurance policy, one of which can only produce an alleged photocopy of a “new” change of beneficiary form that was not filed with the insurer at the time of the alleged change?… Continue Reading

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Lawsuit Damages for Pain and Suffering Injuries from Car Accidents – Bill 198 Threshold

Ontario’s current insurance system regulating car accidents includes a “test” or threshold by which only certain injuries can successfully claim damages for pain and suffering arising from a car accident.

That is, only “serious and permanent” injuries can be awarded damages for your pain and suffering.  Lawyers in this area continue to focus on cases that deal with this Bill 198 threshold issue for guidance on what qualifies as serious and permanent pain and suffering damages – i.e. chronic pain, anxiety, depression, inability to sleep (insomnia), radiating pain into your legs / arms / neck / head, being scared of cars and being unable to drive, constant pain in your back, neck, shoulders, etc.… Continue Reading

Homeowner’s Insurance – The Best Protection Money Can Buy

If you hurt someone unintentionally or cause damage or loss as a result of your unintentional actions, then hopefully you have homeowner’s insurance to protect you and respond to a lawsuit on your behalf.

Homeowner’s insurance is very important insurance and, in our view, no one should be without homeowner’s insurance.

The importance of homeowner’s insurance is that it potentially provides you with a legal defence (in a lawsuit) and may cover you for any unintentional negligent acts which end up hurting someone or causing them loss or damage. … Continue Reading

Getting to Trial Faster – Bifurcation Considered

In personal injury lawsuits, getting to Trial often takes years.  This is usually a result of a combination of the litigation process and also a queue for Court time once parties consider themselves ready for Trial. *

A common problem in car accident lawsuit is that several cars can involved in an accident.  Examples include: several cars rear-ending each other on a highway or at a red traffic light or cars losing control and colliding with several cars.

Who is responsible when several cars are involved in a car accident?… Continue Reading

Baby Survives But Loses Mother in Car Accident

Toronto experienced several pedestrian/car accidents yesterday, including a very sad situation of a young 28 year mother who died while pushing her baby in a stroller. It appears that the 83 year old driver missed the red light facing the vehicle and caused this accident. Early reports are that the deceased Mom pushed her baby safely away just prior to being hit and killed. This story has been extensively reported upon, including by the Toronto Star and the National Post.

What Happens Regarding this Driver?… Continue Reading

Injunctions > Expedia Moves Against Small Travel Agency

In civil lawsuits, there are times when one party can ask the Court for early relief and an Order stopping the other party (to the lawsuit) from doing something or acting in a certain fashion.  For example, a party can ask the Court to order an interim injunction, preventing the other party from carrying out certain business practices.

In the interesting case of Pacific Express Travel Ltd. v. Expedia Canada Corp., (2009 Ontario Superior Court), a new and small travel agency (Pacific Express) was apparently using the Expedia website to book plane tickets primarily from Canada to China. … Continue Reading

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