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Posts Categorized: motorcycle accident

Fatal Accident in Aurora: Car vs. Motorcycle, Uninsured Status

A sad case arising from a car and motorcycle accident in Aurora, in which the motorcycle crossed the centre median and violently crashed head-on with a car, killing the front seat car passenger and injuring the car driver; the motorcyclist died at the scene. To complicate matters, the motorcyclist was driving without valid insurance coverage.

The damages claims of the car driver and car passenger were resolved, but on the issue of liability, the question remained as to whether the other two motorcyclists riding close to the offending motorcyclist were, in part, responsible for causing or contributing to this accident:Mallory v.… Continue Reading

Expert Reports Can be Claimed Against Accident Benefits Carrier, Even if Used in Tort

The Background:  When injured in an Ontario car accident, plaintiffs suing in tort (i..e against the other driver) also have an ongoing claim with their Accident Benefits carrier, which very often turns into a dispute claim.

The Issue:  Can the cost of an expert report be claimed against the Accident Benefits carrier, even when the report is partially used in the tort lawsuit?

Why This Matters:  Plaintiffs incur significant expenses (disbursements) when prosecuting their tort lawsuit and/or accident benefits disputes.  It is important to seek re-imbursement whenever possible. … Continue Reading

After Settling Your Lawsuit, A Cooling Off Period?

Case Comment – Morgan v. Saquing (2009 Ontario Superior Court)

Following up on our recent blog entry on another settlement situation, this case provides an illustration of an apparent settlement of a lawsuit which went awry.  This was a motion to enforce the settlement, pursuant to Rule 49.09 of Ontario Rules of Civil Procedure.

The plaintiff appeared to settle his 2002 car accident, and also his LTD (long-term disability) lawsuit, at mediation.  The LTD aspect was settled for $35,000 and the car accident appeared to settle for $55,000. … Continue Reading

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