Posts Tagged: motor vehicle accident
Drunk Driving Can Mean No Insurance Coverage > But Your Insurance Company Must Deny You in a Timely Fashion
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, coverage and duty to defend, insurance law, motion, motor vehicle accident on
Case Comment – Logel Estate v. Wawanesa Mutual Insurance Company (2009 Ontario Court of Appeal) upholding Buck v. Wawanesa Mutual Insurance Company (2008 Ontario Superior Court)
Being in a car accident, while driving under the influence of alcohol, can lead to a denial of your insurance policy coverage. The other party may still sue you and have access to the statutory minimum of $200,000 in coverage, but you (as the drunk driver) may not have any protection from your insurance policy.… Continue Reading
Ontario Road Safety > Countering Distracted Driving
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident on
Ontario’s Countering Distracted Driving and Promoting Green Transportation Act, 2009 is expected to come into effect in the Fall, 2009 and through amendments to Ontario’s Highway Traffic Act, will prohibit Ontario drivers from using their cellphone, blackberries or other electronic gadgets while driving. The goal is to have Ontario drivers focus on driving and avoid other distractions.
The penalties are outlined in the Ontario government’s news release, including six (6) demerit points and a $1,000 fine.
From an insurance and personal injury lawsuit standpoint, this legislative change confirms that drivers are responsible for ensuring that they maximize their attention to the roadway to avoid accidents. … Continue Reading
After Settling Your Lawsuit, A Cooling Off Period?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, motorcycle accident on
Case Comment – Morgan v. Saquing (2009 Ontario Superior Court)
Following up on our recent blog entry on another settlement situation, this case provides an illustration of an apparent settlement of a lawsuit which went awry. This was a motion to enforce the settlement, pursuant to Rule 49.09 of Ontario Rules of Civil Procedure.
The plaintiff appeared to settle his 2002 car accident, and also his LTD (long-term disability) lawsuit, at mediation. The LTD aspect was settled for $35,000 and the car accident appeared to settle for $55,000. … Continue Reading
After Settling Your Claim, Can You Still Sue?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, motor vehicle accident, summary judgment on
Case Comment – Wasyliuk v. Osipau (2009 Ontario Superior Court)
The plaintiff was rear-ended in a car accident and received some Accident Benefits afterwards. His was not an active claim and approximately 20 months after the accident (before he retained a lawyer) he met with the opposing side’s tort insurance adjuster, signed a Full and Final Release settling his claim and accepted $4,657.92 as settlement of his claim.
By settling, the plaintiff presumably was giving up his right to sue for damages, before actually starting a lawsuit, in exchange for an early settlement.… Continue Reading
Bill 198 Threshold Case > Housekeeping Not Subject to Threshold
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, motor vehicle accident, personal injury on
Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)
This new Bill 198 threshold case found that the plaintiff did not meet the threshold. Brown, J. found there to be various credibility problems associated with the plaintiff. This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.
The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.
Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold. … Continue Reading
Bill 198 Auto Regime Under Review
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, motor vehicle accident on
In Ontario, the Bill 198 regime is the current system governing motor vehicle accidents. It was effective starting October 1, 2003 and remains today.
As part of the Ontario government’s five year review plan, the Financial Services Commission of Ontario (“FSCO”) has given their March 31, 2009 report to the government for further consideration.
There are 39 recommendations, many of which deal with revision of the Accident Benefits regime.
Various reporting has been done, including the Toronto Star, Canadian Underwriter and other organizations. … Continue Reading
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