Posts Tagged: motor vehicle accident
Think TWICE Before Pleading Guilty to a Highway Traffic Act Charge
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, insurance law, motion, motor vehicle accident, personal injury on
An interesting recent case confirms the gut reaction of most readers, as to whether they should plead guilty to a HTA (Highway Traffic Act) charge if they feel, in fact, that they are not liable for the accident resulting in the charge.
What happens if you plead guilty, at the Highway Traffic Act trial, and accept a $1000 fine? If the Highway Traffic Act charge relates to an accident caused by your ex-husband, driving your car?
What happens, if later, an insurance companies sues you personally in order to recover approximately $30,000, that was paid out to a plaintiff (i.e.… Continue Reading
New SABS Changes > Chinese News Group
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, income replacement benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, motor vehicle accident, news & events, personal injury on
Our thanks to Chinese News Group and Nancy Jin for allowing us to participate in their October 22, 2010 article about the changes to Ontario’s SABS (Statutory Accident Benefits Schedule) in September 1, 2010. The article is also here in PDF format.
As background, readers may wish to review our:
· blogs on changes to Ontario’s Accident Benefits system – Parts 1,2, 3, 4, 5, 6, 7, 8 and 9;
· our blogs on Accident Benefits cases in general; and
· our FAQS regarding background information on Accident Benefitsand motor vehicle accidents.… Continue Reading
Videotaping Medical Experts (Examining You on Behalf of the Opposing Insurance Company) – Part 3
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, experts, insurance law, motion, motor vehicle accident, pain and suffering, personal injury on
Further to our September 15, 2010 blog and our October 27, 2010 blog, we discuss the ongoing caselaw on the issue of audiotaping or videotaping a defence medical assessment arising in a personal injury lawsuit.
In Bakalenikov v. Semkiw (2010 Ontario Superior Court of Justice), the issue of videotaping or audiotaping a psychiatry defence medical assessment is discussed, with an extensive analysis of the caselaw and effect of Rule 53.03.
Master Short notes that the objectivity of the proposed defence psychiatrist is challenged in this motion. … Continue Reading
Videotaping the Medical Expert Who Is Examining You (on Behalf of the Opposing Insurance Company) – Part 2
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, experts, insurance law, motion, motor vehicle accident, pain and suffering, personal injury on
If you are hurt in an Ontario car accident, you may decide to sue for damages arising from your injury and loss.
During your lawsuit, the insurance company defending your claim may wish to evaluate you by requiring you to attend for one or more medical assessments by medical doctors of their choosing.
Are you allowed to audiotape or videotape this medical assessment? As background, readers may wish to review our September 15, 2010 blog.
A recent and important analysis of this issue is found in Adams v.… Continue Reading
Multiple Medical Assessments in Your Car Accident Lawsuit > How Many is Too Much?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
You are involved in a car accident in Ontario and then you start a tort lawsuit, suing for damages as a result of injury and loss that you have suffered.
Typically you are suing the other driver who you say caused the accident.
During the course of the lawsuit, the other driver’s insurance company (who is defending the lawsuit), wishes to evaluate your claims by having you assessed by medical doctors of their choosing.
Very often and responding to the claims that you are advancing, these are medical assessments by psychiatrists or psychologists, orthopaedic surgeons, physiatrists, neurologists, neuropsychologists and others.… Continue Reading
Scope of Rule 53.03 > Use of Accident Benefits Experts in Your Tort Lawsuit
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, court civil procedure, experts, income replacement benefits, insurance law, medical and rehabilitation benefits, motion, motor vehicle accident, personal injury on
After being involved in an Ontario car accident, you will likely apply for Accident Benefits under our no-fault regime. You may claim for income replacement benefits, medical and rehabilitation benefits (i.e. physiotherapy, chiropractic treatment, massage, acupuncture, prescription medications etc), attendant care, re-training or vocational assessment benefits or other benefits.
After you apply for the benefit, your Accident Benefits insurer may seek to test or evaluate your request, by sending you to be examined at an independent medical examination (i.e. IME) by a medical practitioner of their choosing. … Continue Reading
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