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Posts Categorized: personal injury

Big Win for Ontario Insurer: Bifurcation of Personal Injury Trial Ordered

Splitting a trial – between liability and damages – is a tactic which favours the defendant insurers. If you have a serious injury, can the defendant force you to go to Trial twice? Can the defendant de-risk the file in the face of a significant damages claim?

A new case that should cause plaintiff personal injury lawyers to shudder: Woodbury v. Woodbury, 2013 ONSC 7736 (CanLII)

If you have a serious injury, can the defendant force you to go to Trial twice?… Continue Reading

Facebook Strikes Again: Partial Disclosure Ordered, Preservation of Site Required – Part 6

In this case Young v. Comay, 2013 ONSC 7552 (CanLII) the plaintiff testified at Discovery that she did have an ongoing Facebook account, prior to the accident, and that family photos and possibly other photos were posted therein.

Broad, J. ordered disclosure as follows:

[22] I would therefore order that the plaintiff serve a Supplementary Affidavit of Documents disclosing all photographs of herself, in her possession, power or control which are relevant to any matter in issue, including photographs depicting her engaged in physical, recreational, housekeeping, home maintenance or work-related activities for two years prior to the accident and during any period following the accident in respect of which she is claiming damages on the bases set forth in the Statement of Claim.… Continue Reading

The Risk of Settling Your Accident Benefits Claim Before Your Tort Lawsuit

Can you receive less at Trial simply because you settled your Accident Benefits (“AB”) claim prior to your tort trial?

The Issue: often the AB file is ready to settle prior to the completion of the tort file. This is tempting for the injured claimant, because it can give the claimant a lump sum of money to pay for expenses while they wait for their tort claim to resolve

The Problem: what if you go to Trial and get less than expected?… Continue Reading


Fault Determination Rules in Ontario: Fighting Back Against Your Insurer

In my 18 years as a litigator, I have been asked countless times about the Fault Determination Rules.  It’s almost always the same question: “My insurer assessed me as being (partially or fully) responsible for a minor car accident, using this thing called the Fault Determination Rules. What can I do?”

My answer is usually that you can fight the determination yourself, because it’s much too expensive to hire a lawyer to fight on your behalf.

For example, let’s say that you are in a minor bump with $1000 in vehicle damage and your insurer says you are 50% responsible for the accident. … Continue Reading


Hurt? Notify The City Of Your Injury Claim Immediately… Or Risk the Loss of Your Right to Sue

The Issue

You lose your right to sue a city / municipality if you file to notify them very quickly of your injury. If you fail to notify within 10 days, then do you have a “reasonable excuse” for being late? What is a “reasonable excuse”?

The Municipal Act requires that written notice must be provided to the municipality by registered mail within 10 days of an accident; failing which a person cannot commence a lawsuit.

Sections 44(10) and 44(12) of the Municipal Act read as follows:

s.Continue Reading


Charged with Careless Driving…Can You Still Sue for Your Damages?

The Issue

If you rear-end another car and you are charged with careless driving, can you sue the other driver (the car you hit) for damages for the injuries and loss that you have suffered?

Normally, plaintiffs are the ones who are rear-ended and it is expected that they can claim their damages for injuries suffered (a notable exception: here).

But if you rear-end, can you still sue?

Why This Matters

The recent Ontario Superior Court of Justice case of Hatzitrifonos v.Continue Reading

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