Posts Tagged: motor vehicle accident
Was the Cyclist at Fault? Not Necessarily…
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident, personal injury on
A great question found in the helpful pages of the Toronto Star’s Wheels section this past weekend:
Who is responsible for the accident when a left-turning vehicle at a lighted
intersection hits a cyclist proceeding in the opposite direction on the green?
Contrary to some other opinions expressed, my view is that liability for this accident is not clear cut.
Keep in mind that there is a significant difference between the function of a police officer attending at the scene of a motor vehicle accident and the eventual determination of liability in a civil lawsuit (i.e.… Continue Reading
Bill 59 Threshold > Chronic Pain Syndrome; Regular Work Hours Notwithstanding, Plaintiff Meets Test
On behalf of Bougadis, Chang LLP Barristers posted in damages, motor vehicle accident, personal injury on
Case Comment – Rio v. Lawrence (2009 Ont. S.C.)
This is an interesting read for lawyers who practice personal injury law in Ontario. It is another case recently interpreting the Bill 59 threshold for pain and suffering damages. For background, please see our March 4, 2009 entry.
This is a decision of Mr. Justice Gans of the Ontario Superior Court of Justice. This accident occurred on October 5, 2001, approximately 7 years prior to the Trial. The Jury awarded $22,500 for pain and suffering damages (prior to the application of the $15,000 deductible) and $1,900 for income loss.… Continue Reading
Bill 59 Threshold – Interpretation – Pain and Suffering Damages
On behalf of Bougadis, Chang LLP Barristers posted in damages, motor vehicle accident, personal injury on
Case Comment – Xiao v. Gilkes (2009 Ont. S.C.)
This case is an interesting review and interpretation of the Bill 59 threshold for pain and suffering damages, arising from a motor vehicle accident which occurred on November 20, 2000.
In Ontario under the legislation governing motor vehicle accidents, the “Bill 164” regime was for accident which occurred between January 1, 1994 to October 31, 1996; a deductible of $10,000 applied to pain and suffering damages. The “Bill 59” regime applied to accidents occurring between November 1, 1996 to September 30, 2003; the deductible for pain and suffering damages increased to $15,000. … Continue Reading
Bill 198 Decision – Ali v. Consalvo, 2009 (Ontario Superior Court)
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, motor vehicle accident, personal injury on
This is a further decision (found here) rendered on the Bill 198 threshold for pain and suffering damages, with Madame Justice Wilson finding that the plaintiff did not meet the threshold in this situation.
Bill 198 applies to motor vehicle accidents in Ontario as of October 1, 2003. The test for pain and suffering damages has been expanded by Regulation and there are now a handful of recent decisions which have provided some guidance as to interpretation of the new test. … Continue Reading
Smoking in Vehicle Not Allowed in Ontario
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident, personal injury on
As of January, 2009, Ontario has banned smoking while in a car, if a child 15 years or younger is also in the car. The offence attracts a $250 fine.
You can read the Smoke-Free Ontario Act. The offence provisions are found at Section 9.2and also Section 15(6.1) of that Act.
From a civil litigation perspective, this adds another issue when dealing with liability concerns in motor vehicle accidents in Ontario. This adds to the “Rules of the Road” provisions outlining a driver’s responsibilities under the Highway Traffic Act of Ontario.… Continue Reading
First Case to deal with Bill 198 Threshold
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, motor vehicle accident, personal injury on
Case Comment – Nissan v. McNamee, (Apr 30/2008) Ont SC per Morissette, J.
Although the plaintiff did not attract a damage award from the Jury (plaintiff appears to have suffered from credibility issues), the Trial Judge on the threshold motion indicated this was the first known Bill 198 threshold case. She embarked on an analysis of whether the Bill 198 regime changed the threshold test as interpreted under Bill 59 or whether Bill 198 was simply an attempt to codify the existing caselaw.… Continue Reading
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