Toronto Personal Injury Law Blog

A couple in Ontario is seeking the help of other victims of car accidents that occurred as a result of a faulty part in General Motors vehicles with a $500 million class-action lawsuit. Their son died in 2012, and they are the first to join the lawsuit over the defective part. The lawyer for the couple explained that they will need to obtain further paperwork, such as reports from the government, police reports and accident reconstruction reports.

A letter about the recall of the 2006 Saturn Ion was delivered to the now-deceased man months after the car accident in which his airbag did not deploy.… Continue Reading

The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.

What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading

The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.

What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading

The Issue: One question many car accident victims have when they start a lawsuit is how many medical examinations they will have to submit to during the course of their lawsuit. The Rules of Civil Procedure allow for one medical assessment, with the defendant(s) having then to seek the plaintiff’s consent or a Court order for any further assessments. In reality, the Court will generally allow the defendant to match a plaintiff in terms of expert medical reports.

When can the defendant’s insurance company force you to undergo further defence medical examinations, when you’ve already been examined by their chosen psychiatrist and physiatrist?… Continue Reading

A busy litigation practice involves juggling priorities and managing the deadlines which naturally occur in each lawsuit.

One requirement, designed to move lawsuits forward, is to serve the defendants formally with your Statement of Claim within six months of issuance.

If you fail to and do not obtain consent from the defendant, then you have to bring a motion seeking a Court order extending the time for service of the Statement of Claim past six months, as happened in: Bernardo v.… Continue Reading

Despite what many teens in Markham think, they are not invincible. They can suffer a serious injury just like anyone else, and since they are so young, the lifelong effects of their injuries will last much longer than if they were older. A new study based on information from the 2011 Ontario Student Drug Use and Health Survey has found that teenagers who suffer traumatic brain injuries have severe effects on mental health, including making teens more susceptible to suicide.

When a teenager’s traumatic brain injury is the result of someone else’s negligence, that teenager and his or her parents can file a personal injury lawsuit against the individual responsible.… Continue Reading