Posts Tagged: motor vehicle accident
Pre-Existing Conditions and the Minor Injury Guideline > Accident Benefits – Part 6
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, motor vehicle accident, personal injury on
One exception to the Minor Injury Guideline are pre-existing medical conditions which “will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject” to the Minor Injury Guideline (i.e. the $3,500 hard cap).
This exception is only expected rarely, as explicitly set out in Paragraph 4 of the Minor Injury Guideline:
Only in extremely limited instances where compelling evidence provided by a health practitioner satisfactorily demonstrates that a pre-existing condition will prevent a person from achieving maximal recovery from the minor injury for the reasons described above is the person’s impairment to be determined not to come within this Guideline.… Continue Reading
Minor Injury Guideline > Accident Benefit Changes in Ontario – Part 5
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, personal injury on
A significant change in September, 2010 was to introduce a new concept, the “Minor Injury Guideline”, into the lexicon of car accident claims in Ontario.
The actual Minor Injury Guideline is found on the FSCO (Financial Services Commission of Ontario) website here.
The Minor Injury Guideline imposes a $3,500 hard cap on the Accident Benefits insurer’s obligation to fund all treatment and assessments for those injuries that fall within.
Simply put, if you have an injury that falls inside the Minor Injury Guideline, you will then only receive up to $3,500 in treatment in Accident Benefits.… Continue Reading
Mediation in Lawsuits > Obligations of Parties To Mediate
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 on
You start a lawsuit after being hurt in a car accident. Your lawyer asks the defendant to the lawsuit (i.e. the insurance company of the defendant) to meet and discuss potentially settling your case, with the help of an experienced neutral lawyer who will help facilitate conversation, but the insurance company refuses. They refuse because they say your injuries are minor; that legal case is worth very little in terms of potential damages; and potentially, that you may recover nothing in your lawsuit as a result of the Bill 198 threshold and deductible (see our previous blogs for explanation of Bill 198).… Continue Reading
Being Examined by an Insurance Doctor > Videotaping the Assessment
On behalf of Bougadis, Chang LLP Barristers posted in damages, experts, insurance law, motion, motor vehicle accident, personal injury on
There has been a shift in Ontario in recent years, in the personal injury field of law, towards plaintiff counsel pushing for certain defence medical assessments of their clients being videotaped.
In Ontario, if you bring a lawsuit seeking damages arising from your injuries, then the defendant(s) in your lawsuit are entitled to generally to require you to submit to at least one medical assessment, by a doctor of their choice, in order to respond properly to your lawsuit. See Ontario Rules of Civil Procedure – Rule 33.… Continue Reading
Dying From Car Accidents > Families of Deceased To Receive More in Compensation
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, damages, insurance law, motor vehicle accident, personal injury on
In addition to the new changes to Ontario’s Accident Benefits system, as found in our various previous blogs, there have also been changes to Ontario’s Insurance Act governing car accidents and claims arising.
One positive change for the families of people who die as a result of a car accident is the elimination of the tort deductible for fatality claims; this tort deductible was increased in 2003 under the Bill 198 legislation concerning car accidents.
The change is found in the Financial Services Commission of Ontario’s bulletin A-17/10 and also at s.267.5… Continue Reading
Unlawful Arrest over $0.65 Newspaper > Woman Awarded $4,500 plus Costs
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, damages, insurance law, motor vehicle accident, personal injury on
An interesting case reviewing the balance between a retail store trying to prevent theft and the rights of a customer suspected of theft – Twan v. Hudson’s Bay Company (2008) 93 O.R. (3d) 582 (Div. Ct.)
In short, Ms Twan was in an Ottawa “The Bay” store and after paying something towards her “The Bay” store credit card (for which she had a $1,500 credit limit), she left the store and did not pay for a $0.65 newspaper.
She was asked to return into the store by an undercover security guard. … Continue Reading
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