Posts Categorized: motor vehicle accident
After Settling Your Claim, Can You Still Sue?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, motor vehicle accident, summary judgment on
Case Comment – Wasyliuk v. Osipau (2009 Ontario Superior Court)
The plaintiff was rear-ended in a car accident and received some Accident Benefits afterwards. His was not an active claim and approximately 20 months after the accident (before he retained a lawyer) he met with the opposing side’s tort insurance adjuster, signed a Full and Final Release settling his claim and accepted $4,657.92 as settlement of his claim.
By settling, the plaintiff presumably was giving up his right to sue for damages, before actually starting a lawsuit, in exchange for an early settlement.… Continue Reading
Bill 198 Threshold Case > Housekeeping Not Subject to Threshold
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, motor vehicle accident, personal injury on
Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)
This new Bill 198 threshold case found that the plaintiff did not meet the threshold. Brown, J. found there to be various credibility problems associated with the plaintiff. This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.
The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.
Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold. … Continue Reading
Bill 198 Auto Regime Under Review
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, motor vehicle accident on
In Ontario, the Bill 198 regime is the current system governing motor vehicle accidents. It was effective starting October 1, 2003 and remains today.
As part of the Ontario government’s five year review plan, the Financial Services Commission of Ontario (“FSCO”) has given their March 31, 2009 report to the government for further consideration.
There are 39 recommendations, many of which deal with revision of the Accident Benefits regime.
Various reporting has been done, including the Toronto Star, Canadian Underwriter and other organizations. … Continue Reading
Was the Cyclist at Fault? Not Necessarily…
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident, personal injury on
A great question found in the helpful pages of the Toronto Star’s Wheels section this past weekend:
Who is responsible for the accident when a left-turning vehicle at a lighted
intersection hits a cyclist proceeding in the opposite direction on the green?
Contrary to some other opinions expressed, my view is that liability for this accident is not clear cut.
Keep in mind that there is a significant difference between the function of a police officer attending at the scene of a motor vehicle accident and the eventual determination of liability in a civil lawsuit (i.e.… Continue Reading
Bill 59 Threshold > Chronic Pain Syndrome; Regular Work Hours Notwithstanding, Plaintiff Meets Test
On behalf of Bougadis, Chang LLP Barristers posted in damages, motor vehicle accident, personal injury on
Case Comment – Rio v. Lawrence (2009 Ont. S.C.)
This is an interesting read for lawyers who practice personal injury law in Ontario. It is another case recently interpreting the Bill 59 threshold for pain and suffering damages. For background, please see our March 4, 2009 entry.
This is a decision of Mr. Justice Gans of the Ontario Superior Court of Justice. This accident occurred on October 5, 2001, approximately 7 years prior to the Trial. The Jury awarded $22,500 for pain and suffering damages (prior to the application of the $15,000 deductible) and $1,900 for income loss.… Continue Reading
Bill 59 Threshold – Interpretation – Pain and Suffering Damages
On behalf of Bougadis, Chang LLP Barristers posted in damages, motor vehicle accident, personal injury on
Case Comment – Xiao v. Gilkes (2009 Ont. S.C.)
This case is an interesting review and interpretation of the Bill 59 threshold for pain and suffering damages, arising from a motor vehicle accident which occurred on November 20, 2000.
In Ontario under the legislation governing motor vehicle accidents, the “Bill 164” regime was for accident which occurred between January 1, 1994 to October 31, 1996; a deductible of $10,000 applied to pain and suffering damages. The “Bill 59” regime applied to accidents occurring between November 1, 1996 to September 30, 2003; the deductible for pain and suffering damages increased to $15,000. … Continue Reading
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