Toronto Personal Injury Law Blog

Injured in a Car Accident > Medical Assessments > What are the Limits?

In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.

If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner.  The purpose is to evaluate whether you are entitled to benefits.

If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading

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Hit by an Uninsured Car in Ontario, who do you sue?

What happens when a pedestrian is hit by an uninsured car?  What if that pedestrian does not have her own car (i.e. at home) and therefore she has no insurance coverage herself?

And what happens if the pedestrian is sprawled on the front hood of the uninsured car when together, they immediately hit a taxi that is properly waiting to make a left hand turn at that same intersection?

Which insurance company will respond to the pedestrian’s tort lawsuit seeking damages? … Continue Reading

Am I Responsible for This Car Accident? (I Was Rear-Ended)

Thank you to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to respond to a reader’s question last Saturday, June 20, 2009. You can find the article here or in PDF form.

Basically, how do you dispute the fault assigned to you by your insurance company?

If you are found “at fault” for an accident by your insurance company, it can affect how much you’ll receive for your property damage (i.e. your car is a total loss) and also affect your insurance premiums.… Continue Reading

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Hit and Run Car Accident, Driver Flees after Hitting Cyclists

As a weekend running warrior, this news story in the Globe and Mail of five cyclists injured badly in a hit and run car accident while on their weekly ride resonates.

Hit and run car accidents are, unfortunately, quite common when you practice in this area.  Surprisingly, even people with car insurance coverage sometimes try to escape the responsibility of having caused or being a part of a car accident.  The common victim is a pedestrian or cyclist, injured and lying on the ground and unable to help themselves or chase after the unidentified vehicle. … Continue Reading

Investigative Powers for the 21st Century Act > Proposed Legislation

As widely reported, the federal government has just introduced Bill C-46 and Bill C-47 which propose to increase the responsibility of internet providers to keep information about users and materials sent over their systems and potentially increase the access of police forces to this information.

Reporting by the CBC and others has been extensive, focusing generally on privacy concerns.

Both Bills have only been introduced in First Reading and it is unclear whether they ultimately will be passed.

In Ontario as background, the Information and Privacy Commissioner (Ontario) office deals with privacy concerns of Ontarians.… Continue Reading

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WHO Report (2009) on Road Safety

As widely reported, the World Health Organization (WHO) has issued its report on global road safety and statistics on worldwide car use and injuries.

Canada compares well on the world stage in terms of legislation governing safety measures. This includes seatbelt restraints, drinking and driving legislation, child safety restaints and helmet laws. See Canada’s profile report here.

As in our April 24 road safety blog, Ontario’s drivers expect changes to the law in the Fall, 2009, requiring “hands free” use of cellphones and blackberry devices.… Continue Reading

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