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Posts Categorized: court civil procedure

Videotaping Medical Experts (Examining You on Behalf of the Opposing Insurance Company) – Part 3

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

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?

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

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

Car Accident Lawsuit is 14 Years Old and Is Still Allowed to Proceed Forward

How long does a personal injury or car accident lawsuit take to resolve?

As insurance lawyers, we are asked this question all the time.  Generally the answer is that your personal injury lawsuits arising from a car accident can take anywhere between 2 to 4 years to resolve.

The time is due to all of the various steps involved in the lawsuit, including: Examinations for Discovery; ensuring that productions between all parties are fully exchanged; medical assessments and evaluations; Court motions and procedures; mediation; and Pre-Trial and Trial steps.… Continue Reading

Slip and Fall on Ice > 5 Months to Notify City is Reasonable

It is generally difficult to pursue the City of Toronto and other Ontario municipalities for failure to clear their sidewalks of ice and snow.

First, you must send a notice letter properly to the City immediately after your accident, within 10 days of your slip and fall accident.  This applies even if you are in the hospital.  The exceptions are limited.

Then, you must prove negligence on the part of the City for failing to maintain their sidewalks, found in s.44(9) of the Municipal Act, 2001, which reads:

Expert in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk.… Continue Reading