Posts Categorized: insurance law
Insurers Fight to Avoid Paying Accident Benefits: Ontario Car Accident
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, court civil procedure, insurance law, motor vehicle accident on
The Issue: If you are riding in a friend’s car and are hurt in a car accident, then do you apply to your friend’s car insurer for Accident Benefits or do you apply to your own insurer?
Why This Matters: No one likes to make a claim against their own insurance company, as everyone generally is concerned about their car insurance premiums increasing.
So if your car is sitting at home and your friend gives you a ride, if you are hurt, whose insurance company will pay your Accident Benefits?… Continue Reading
Homeowner’s vs Car Insurer > Subrogation Re: Ontario Car Accident
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, personal injury on
The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.
What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading
Homeowner’s vs Car Insurer > Subrogation Re: Ontario Car Accident
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, personal injury on
The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.
What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading
Toronto Sidewalk Slip and Fall: Aggressive Summary Judgment Motion by Contractor Against City Fails
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, municipality, personal injury, slip and fall on
In a slip and fall case against a city / municipality in Ontario, there is a difficult standard of care for plaintiffs to prove against the City in respect of the gross negligence standard. It is typical for a plaintiff to sue both the City and the actual contractor company hired by the City to perform the snow and ice clearing work.
In a recent decision, an interesting case whereby the plaintiff chose not to sue the contractor, thereby leaving it to the City to commence a Third Party Claim against the contractor.… Continue Reading
Minimum Maintenance Standards for Municipalities: Challenge Averted
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, municipality, personal injury on
The MMS has been the subject of attack by the plaintiff’s Bar and this application was one attempt to obtain a Court decision on the enforceability of some of those provisions: Silveira v. Ontario (Transportation), 2014 ONSC 65 (CanLII).
The MMS law sets out the legal responsibilities of municipalities for such issues as snow clearing, fixing potholes and other issues: Minimum Maintenance Standards for Municipalities Act 2002 and 2010.
In this application, the attack was on the ability of the municipality to use the MMS to defend against a car accident which occurred during the winter, in which snow and ice is alleged to have caused and/or contributed to the accident.… Continue Reading
Double Deduction against your Damages? A Defence Perspective
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, damages, income replacement benefits, insurance law, motor vehicle accident, personal injury on
This follows our March 9, 2011 blog wherein we commented upon the deduction allowed for income replacement benefits (“IRB”), in the 2011 Ontario Superior Court of Justice case of Sutherland v. Gurmeet Singh.
From an insurer / defence perspective, the Sutherland decision properly addresses the purpose of Ontario’s Insurance Act (including Section 258.3), which is to require claims for injury and loss arising from car accidents to undergo the rigour and testing of the Accident Benefits regime, which then carries forward into the tort lawsuit.… Continue Reading
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