Posts Tagged: motor vehicle accident
Motion for Refusing to Answer Questions at Examinations for Discovery: Factors to Consider
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motor vehicle accident, personal injury on
In civil litigation, party litigants must proceed to the question-answer process of an Examination for Discovery, during which time many questions will be asked of a party.
The issue of whether you “must” or “have to” answer a specific question very frequently arises. Specifically, plaintiffs often wonder whether a series of questions improperly inquires about personal / intimate matters or whether the questions are off-base from the subject matter of the lawsuit. For example, many of my clients initially wonder “why are they asking me about that, aren’t we talking about how they caused this car accident?”.… Continue Reading
Insurers Fight to Avoid Paying Accident Benefits: Ontario Car Accident
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, court civil procedure, insurance law, motor vehicle accident on
The Issue: If you are riding in a friend’s car and are hurt in a car accident, then do you apply to your friend’s car insurer for Accident Benefits or do you apply to your own insurer?
Why This Matters: No one likes to make a claim against their own insurance company, as everyone generally is concerned about their car insurance premiums increasing.
So if your car is sitting at home and your friend gives you a ride, if you are hurt, whose insurance company will pay your Accident Benefits?… Continue Reading
Minimum Maintenance Standards for Municipalities: Challenge Averted
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, municipality, personal injury on
The MMS has been the subject of attack by the plaintiff’s Bar and this application was one attempt to obtain a Court decision on the enforceability of some of those provisions: Silveira v. Ontario (Transportation), 2014 ONSC 65 (CanLII).
The MMS law sets out the legal responsibilities of municipalities for such issues as snow clearing, fixing potholes and other issues: Minimum Maintenance Standards for Municipalities Act 2002 and 2010.
In this application, the attack was on the ability of the municipality to use the MMS to defend against a car accident which occurred during the winter, in which snow and ice is alleged to have caused and/or contributed to the accident.… Continue Reading
Double Deduction against your Damages? A Defence Perspective
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, damages, income replacement benefits, insurance law, motor vehicle accident, personal injury on
This follows our March 9, 2011 blog wherein we commented upon the deduction allowed for income replacement benefits (“IRB”), in the 2011 Ontario Superior Court of Justice case of Sutherland v. Gurmeet Singh.
From an insurer / defence perspective, the Sutherland decision properly addresses the purpose of Ontario’s Insurance Act (including Section 258.3), which is to require claims for injury and loss arising from car accidents to undergo the rigour and testing of the Accident Benefits regime, which then carries forward into the tort lawsuit.… Continue Reading
Fatal Accident in Aurora: Car vs. Motorcycle, Uninsured Status
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, motorcycle accident, Ontario, personal injury on
A sad case arising from a car and motorcycle accident in Aurora, in which the motorcycle crossed the centre median and violently crashed head-on with a car, killing the front seat car passenger and injuring the car driver; the motorcyclist died at the scene. To complicate matters, the motorcyclist was driving without valid insurance coverage.
The damages claims of the car driver and car passenger were resolved, but on the issue of liability, the question remained as to whether the other two motorcyclists riding close to the offending motorcyclist were, in part, responsible for causing or contributing to this accident:Mallory v.… Continue Reading
Dutton Car Accident Due to Poorly Kept Road: $950,000 Case Dismissed
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, municipality, personal injury on
A good case for personal injury practitioners to review, as illustration of some of the complexities involved with claiming negligence (from a motor vehicle accident) against a municipality for failure to properly maintain their roads, including breaches of the Municipal Act, 2001 regulation, the Minimum Maintenance Standards for Municipal Highways: McLeod v. General Motors of Canada Limited et al., 2014 ONSC 134 (CanLII).
Justice Leach provides an extremely detailed and lengthy analysis of this action, in which a young adult female, alone in the car, drove off a quiet dirt and gravel road and suffered serious injuries as a result.… Continue Reading
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