Posts Categorized: personal injury
Mediation in Lawsuits > Obligations of Parties To Mediate
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury on
You start a lawsuit after being hurt in a car accident. Your lawyer asks the defendant to the lawsuit (i.e. the insurance company of the defendant) to meet and discuss potentially settling your case, with the help of an experienced neutral lawyer who will help facilitate conversation, but the insurance company refuses. They refuse because they say your injuries are minor; that legal case is worth very little in terms of potential damages; and potentially, that you may recover nothing in your lawsuit as a result of the Bill 198 threshold and deductible (see our previous blogs for explanation of Bill 198).… Continue Reading
Being Examined by an Insurance Doctor > Videotaping the Assessment
On behalf of Bougadis, Chang LLP Barristers posted in damages, experts, insurance law, motion, motor vehicle accident, personal injury on
There has been a shift in Ontario in recent years, in the personal injury field of law, towards plaintiff counsel pushing for certain defence medical assessments of their clients being videotaped.
In Ontario, if you bring a lawsuit seeking damages arising from your injuries, then the defendant(s) in your lawsuit are entitled to generally to require you to submit to at least one medical assessment, by a doctor of their choice, in order to respond properly to your lawsuit. See Ontario Rules of Civil Procedure – Rule 33.… Continue Reading
Dying From Car Accidents > Families of Deceased To Receive More in Compensation
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, damages, insurance law, motor vehicle accident, personal injury on
In addition to the new changes to Ontario’s Accident Benefits system, as found in our various previous blogs, there have also been changes to Ontario’s Insurance Act governing car accidents and claims arising.
One positive change for the families of people who die as a result of a car accident is the elimination of the tort deductible for fatality claims; this tort deductible was increased in 2003 under the Bill 198 legislation concerning car accidents.
The change is found in the Financial Services Commission of Ontario’s bulletin A-17/10 and also at s.267.5… Continue Reading
Unlawful Arrest over $0.65 Newspaper > Woman Awarded $4,500 plus Costs
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, damages, insurance law, motor vehicle accident, personal injury on
An interesting case reviewing the balance between a retail store trying to prevent theft and the rights of a customer suspected of theft – Twan v. Hudson’s Bay Company (2008) 93 O.R. (3d) 582 (Div. Ct.)
In short, Ms Twan was in an Ottawa “The Bay” store and after paying something towards her “The Bay” store credit card (for which she had a $1,500 credit limit), she left the store and did not pay for a $0.65 newspaper.
She was asked to return into the store by an undercover security guard. … Continue Reading
Transitional Issues Affecting Statutory Accident Benefits Claims in Ontario – Part 3
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, motor vehicle accident, personal injury on
The Financial Services Commission of Ontario published Bulletin A-04/10 recently to outline transitional rules governing the switch to the new SABS (statutory accident benefits schedule) which started on September 1, 2010.
It is important to know that if you are hurt in a motor vehicle accident in the next few months, before the expiration/renewal of your currently car insurance policy, that the “old” SABS will, to a certain extent, apply to your situation – which generally means greater levels of benefits than the “new” SABS which have just come into effect.… Continue Reading
Ontario’s Accident Benefits System Changes Now in Effect – Part 4
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, motor vehicle accident, personal injury on
Further to our various previous blogs, including on March 9, 2010, the changes to Ontario’s SABS (statutory accident benefits Schedule) have now come into effect.
Much has been written on the topic, including the recent Globe and Mail articles on August 10, 2010 and July 15, 2010.
The changes come as part of the government’s designated 5 year review plan. Given the insurer’s financial difficulties over the past years with the cost control of handling claims, including the rising cost of handling each individual claim, changes were expected.… Continue Reading
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