Posts Tagged: damages
It is generally difficult to pursue the City of Toronto and other Ontario municipalities for failure to clear their sidewalks of ice and snow.
First, you must send a notice letter properly to the City immediately after your accident, within 10 days of your slip and fall accident. This applies even if you are in the hospital. The exceptions are limited.
Then, you must prove negligence on the part of the City for failing to maintain their sidewalks, found in s.44(9)… Continue Reading
Whether on a home insurance policy (i.e. fire loss or theft) or a automobile policy, an insured may claim against their own insurance policy in the event of loss, subject to the rights of the insurer to investigate and adjust the claim.
What happens if your insurer denies your claim on the basis that the alleged theft did not occur as described? Meaning that the insurer has concerns that the loss was either as a result of your own actions or the actions of people on your behalf – i.e.… Continue Reading
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
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
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
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
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