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Posts Tagged: motion

Baby Survives But Loses Mother in Car Accident

Toronto experienced several pedestrian/car accidents yesterday, including a very sad situation of a young 28 year mother who died while pushing her baby in a stroller. It appears that the 83 year old driver missed the red light facing the vehicle and caused this accident. Early reports are that the deceased Mom pushed her baby safely away just prior to being hit and killed. This story has been extensively reported upon, including by the Toronto Star and the National Post.

What Happens Regarding this Driver?… Continue Reading

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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Injunctions > Expedia Moves Against Small Travel Agency

In civil lawsuits, there are times when one party can ask the Court for early relief and an Order stopping the other party (to the lawsuit) from doing something or acting in a certain fashion.  For example, a party can ask the Court to order an interim injunction, preventing the other party from carrying out certain business practices.

In the interesting case of Pacific Express Travel Ltd. v. Expedia Canada Corp., (2009 Ontario Superior Court), a new and small travel agency (Pacific Express) was apparently using the Expedia website to book plane tickets primarily from Canada to China. … Continue Reading

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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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