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Posts Categorized: motor vehicle accident

Bill 198 Decision – Ali v. Consalvo, 2009 (Ontario Superior Court)

This is a further decision (found here) rendered on the Bill 198 threshold for pain and suffering damages, with Madame Justice Wilson finding that the plaintiff did not meet the threshold in this situation.

Bill 198 applies to motor vehicle accidents in Ontario as of October 1, 2003.  The test for pain and suffering damages has been expanded by Regulation and there are now a handful of recent decisions which have provided some guidance as to interpretation of the new test. … Continue Reading

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Smoking in Vehicle Not Allowed in Ontario

As of January, 2009, Ontario has banned smoking while in a car, if a child 15 years or younger is also in the car.  The offence attracts a $250 fine.

 

You can read the Smoke-Free Ontario Act.  The offence provisions are found at Section 9.2and also Section 15(6.1) of that Act.

 

From a civil litigation perspective, this adds another issue when dealing with liability concerns in motor vehicle accidents in Ontario.  This adds to the “Rules of the Road” provisions outlining a driver’s responsibilities under the Highway Traffic Act of Ontario.… Continue Reading

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First Case to deal with Bill 198 Threshold

Case Comment – Nissan v. McNamee, (Apr 30/2008) Ont SC per Morissette, J.

Although the plaintiff did not attract a damage award from the Jury (plaintiff appears to have suffered from credibility issues), the Trial Judge on the threshold motion indicated this was the first known Bill 198 threshold case. She embarked on an analysis of whether the Bill 198 regime changed the threshold test as interpreted under Bill 59 or whether Bill 198 was simply an attempt to codify the existing caselaw.… Continue Reading

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