Car Accident

On March 26, 2013, a decision was rendered by the Financial Services Commission of Ontario in the case of Lenworth Scarlett and Belair Insurance Company Inc. The applicant, Lenworth Scarlett, suffered soft tissue injuries, psychological injury and a TMJ injury arising from a motor vehicle accident which occurred on September 18, 2010. The decision of Arbitrator John Wilson is the first decision regarding the Minor Injury Guideline ("MIG") pursuant to the MIG which came into effect on September 1...

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Seriously injured accident benefit claimants in Ontario no longer are required to dispute a “catastrophic impairment” denial within two years from the date of the denial, according to a recent arbitration decision, Toronto plaintiff’s personal injury lawyer Darcy Merkur writes in Lawyers Weekly.  Read Lawyers Weekly “Because qualifying as having suffered a ‘catastrophic impairment’ allows an Ontario motor vehicle accident claimant to essentially...

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Following a lengthy trial against the County of Brant, Thomson, Rogers personal injury lawyers David F. MacDonald, Michael L. Bennett and Robert M. Ben obtained a multi-million dollar judgment for a client who suffered a serious brain injury after the car he was driving during winter conditions left a rural road on a sharp curve. The trial judge held the County liable for its failure to post the appropriate sharp curve/reduced speed warning sign. See the Reasons for Decision of the trial judge here....

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Mrs. R. was hurt in a car accident on July 17, 2005. She only placed State Farm on notice of her claim on December 17, 2007, following an episode of severe back pain. The notice was received by State Farm well outside the requirements of section 31 of the SABS which obliges an insured to give notice of any claim within 7 days following the collision or as soon as practicable. At the time of the collision, Mrs. R. was providing 24/7 attendant care to her husband who had sustained...

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The Ontario Court of Appeal has recently released a decision in Van Bastelaar v. Bentley that affects the insurance coverage available to injured accident victims in circumstances where there are multiple injured claimants suing the same at-fault driver. When situations as these arise, all injured claimants have to share the at-fault driver's policy limits pro rate (i.e. in proportion to the value of their respective claims). Typically, to make up for the balance between what they ought to receive...

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We are pleased to announce the launch of the online Trauma Resource Directory. It can be found at www.traumaresourcedirectory.com. All too often hospital trauma workers face challenges assisting accident victims in locating appropriate private service providers working in a remote area of Ontario or capable of speaking a particular language. Hospital trauma workers across Ontario have expressed a dire need to be able to access a comprehensive searchable database of service providers helping serious...

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  Global News, August 19, 2011 Sloan Mandel

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DATE: Thursday, September 8, 2011 LOCATION: Four Seasons Hotel 21 Avenue Road Toronto M5R 2G1 416-964-0411 Map On Thursday, September 8th, 2011 Thomson, Rogers, in collaboration with the Toronto ABI Network, will be hosting the 3rd Annual Back-to-School conference – Catastrophic Brain Impairment: Children, Young Adults and their Families (Rehabilitation Strategies). As you know, children and young adults with brain injury claims always pose a challenging rehabilitation puzzle. Hear from Dr. Peter G....

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The Ontario Court of Appeal recently confirmed an insured's right to re-apply for catastrophic impairment where there has been a material change in circumstances. In 2003, Co-Operators denied the insured's application for catastrophic impairment. The denial was not disputed within the 2 year limitation period set out in section 40(4) of the SABS. Six years later, the insured re-applied for catastrophic impairment. Co-Operators rejected the 2nd application on the basis of the 2003 denial and the insured's...

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Submissions on Changes to the Definition of CAT Impairment Thomson Rogers is one of Canada's pre-eminent law firms representing injured people for the past 75 years. This experience has provided us with valuable insight into how Ontarians are affected by the protection they receive under their automobile policies when injured in an accident. In addition to representing our clients we have tirelessly and actively advocated for the rights of injured people. As part of the Ontario Government's 2010...

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