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Posts Tagged: insurance law

Electric Bike or Moped? In An Accident, Electric Bike Owners May Lose Twice

With the growing popularity of alternative vehicles in Ontario, the government is undergoing a review of various forms of transportation.  This includes electric bikes (“e-bikes”) and/or scooters, mopeds, motor tricycles, motorized wheelchairs, low speed vehicles and those unique machines named Segway transporters.

You can read the Ontario government’s outline of these different types of vehicle and the requirements which surround each.

As a commuter, I now see e-bike riders daily in good weather, wearing helmets, driving in the curb lane just like a bicyclist.… Continue Reading

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Ontario Accident Benefits (SABS) – The Role of Doctors and Their Medical Assessments

If you are injured in a car accident in Ontario, you will likely have access to Ontario’s no-fault insurance benefits plan, which is the Statutory Accident Benefits Regime (SABS) or more commonly referred to as “Accident Benefits”.

When you claim Accident Benefits, you likely will be asked to undergo a medical assessment by a doctor or medical practitioner to evaluate your condition and provide an opinion as to your entitlement to Accident Benefits.

If you are assessed by a medical doctor at the request of the Accident Benefits insurer, is that doctor an expert or a fact witness?… Continue Reading

Long Term Disability Application Denied >”Totally and Permanently Disabled”

Long terms disability insurance applications are reviewed and assessed by the long term disability carrier based on the wording of the policy, along with the medical evidence of impairment presented, to determine whether the insured applicant qualifies for long term disability benefits.

Usually the medical evidence considered includes the insured’s historical medical file, medical specialist or expert opinion presented by the insured and medical specialist or expert opinion commissioned by the long term disability carrier.

Although long term disability insurance policies in Canada are generally similar, it is necessary to review the specific insurance policy for each insured applicant’s claim.… Continue Reading

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2009 Information Exchange with Chinese delegation

On Tuesday, September 8, 2009, we were honoured to host an interesting and productive meeting with Mr. Pingli Tian, Vice President of the Higher People’s Court of Shaanxi Province and the delegation from Shaanxi Province for an exchange of information about the respective legal systems of Canada and China.

Photos of the meeting are found here.

The delegation from China included:

• Mr. Yingbo Wang, President of the Railway Intermediate People’s Court of Xi’an City, Shaanxi Province;
• Mr. Anxiang Qin,  Director of the Research Office of the Shaanxi Higher People’s Court of Shaanxi Province;
• Mr.… Continue Reading

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Trip and Fall in a Busy Costco Store > The 347,496th Customer was Unlucky

Big box retailer Costco recently was ordered to pay damages to a 53 year old retired woman who tripped and fell in January, 2003 while entering the Costco store with her husband.  She tripped over metal floor grates designed to allow dirt and debris from customer footwear to fall below floor level, keeping the area clear for the next customers passing through.

Liability was seriously in dispute.  This busy London, Ontario Costco store had used this metal floor grate system for approximately 18 years without a problem – according to their records. … Continue Reading

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Slip and Fall into a 6 Foot Trench > City Construction Work

Slip and fall or trip and fall injuries are common.  Slip and fall injuries usually take place on ice and snow or other slippery surfaces, such as freshly waxed floors within buildings.  Trip and falls usually take place over uneven surfaces, including construction zones or repair and maintenance situations.

In the Singer v. City of Hamilton (2007 Ontario Superior Court of Justice) a slip and fall involving a 78 year old woman, whereby she fell into a 6 foot trench, recently was heard by the Ontario Court of Appeal (here) and the appeal was dismissed.… Continue Reading

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