Posts Tagged: motion
Is a Fractured Left Knee a Serious and Permanent Injury?
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury, security for costs, surveillance on
The Issue
In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.
If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.
Why This Matters
Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading
You Must Pay Before You Can Sue: $200,000 in Security for Costs Awarded
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, security for costs on
The Issue
In certain situations, the Court can order that a plaintiff (bringing a lawsuit) must pay money into Court as a pre-condition to continuing their lawsuit.
Why This Matters
The recent Ontario Superior Court of Justice case of Future Health Inc. v. Economical Mutual Insurance Company, 2012 ONSC 4308 (CanLII) deals with a plaintiff company that was bankrupt and bringing this lawsuit against the defendant. The plaintiff bankrupt company was ordered to pay security for costs, arising from the concern that the plaintiff had ‘nothing to lose’ with the lawsuit – i.e.… Continue Reading
Playing With Fire: Contempt and The Problem With Ignoring Court Orders
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, production of documents on
The Issue
A simple rule prevails in lawsuits – follow Court Orders and try to stay ahead of your lawsuit obligations.
What can happen, then, if you fail to follow the Court’s Order(s) in your lawsuit?
What are the penalties? How can this affect your lawsuit?
Why This Matters
Lawsuits are not easy. They tend to become a real battle psychologically and emotionally upon the litigants, as well as taking a financial toll.
Sometimes, as a result of negative developments in a lawsuit, a party does not wish to comply with their lawsuit obligations. … Continue Reading
Faster Lawsuits – 7 Hour Limit on Discoveries
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, production of documents on
The Issue
To force lawsuits to move forward faster, Ontario implemented a “7 hour” time limit on Discoveries as part of the January, 2010 package of reforms to the Rules of Civil Procedure.
If you wish to extend the time to more than 7 hours, you need opposing counsel’s consent or a Court order.
• How is this “7 hour” limit going to be interpreted by the Court?
• When will the Court grant an extension of time to allow more than 7 hours?… Continue Reading
Double Recovery for One Accident? How About a Double Deduction against your Damages? A Plaintiff’s Perspective.
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, damages, income replacement benefits, insurance law, motion, motor vehicle accident, personal injury on
After a car accident in Ontario, you are usually entitled to receive some Accident Benefits, regardless of who caused the accident.
One of the decisions that many injured people will make, when applying to Accident Benefits, is whether to receive income replacement benefits (“IRB”) or caregiver benefits.
What happens if you choose caregiver benefits, when you could have equally qualified for IRB, and then you go on to commence a tort lawsuit arising from the same accident?
If you claim past or future income loss in the tort lawsuit (or even loss of earning capacity), will you be penalized for failing to have chosen IRB benefits instead of caregiver benefits?… Continue Reading
Double Recovery for One Accident? The Interplay of Long Term Disability Insurance and Car Accidents
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, damages, income replacement benefits, insurance law, long term disability, motion, motor vehicle accident, personal injury on
Frequently, a person hurt in a car accident in Ontario also has the benefit, through their employment, of both a short term disability insurance policy (STD) and also a long term disability policy (LTD).
If the injured person starts a lawsuit for damages arising from the car accident, then what happens if they also receive monies pursuant to their LTD policy?
Is it possible to receive money twice for the same accident, otherwise known as double recovery?
Double recovery is an obvious issue that defendants and insurers take note of and dispute in each case. … Continue Reading
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