Enough For The Journey Ahead?

The Lawyers Weekly - Recovery Personal Injury Magazine | by Kim Arnott, Wendy Moore Mandel quoted | November 2016

Latest revisions to auto insurance system in Ontario seen as meaning less for more people who are injured. Few people expect to walk away from a car crash unscathed. But when it comes to the most severe financial and medical impacts, most assume their automobile insurance will cushion the blows. For Ontario drivers, that protection is … Continued

Cases highlight need to break down statutory accident benefits

The Lawyers Weekly | September 9, 2016

Cases highlight need to break down statutory benefits by personal injury lawyers Leonard Kunka and Carr Hatch Two recent decisions by the Ontario Divisional Court and the Court of Appeal for Ontario provide a sobering reminder of the necessity of providing clear and unequivocal breakdowns of the amounts received for Statutory Accident Benefits (SABS), includ­ing any lump sum settlements. A similar clear set of jury ques­tions which separates each head of damage … Continued

Your Uber Ride is Now Covered by Insurance But Further Coverage is Recommended

ABR Updater | Issue 32 | August 2016

ABR Updater Issue 32 | August 2016 Thumbnail About a year ago, I was speaking with a friend who had started driving for UberX. I asked my friend whether his automobile insurer was aware of his ridesharing activity. I pointed out to him that the standard automobile insurance policy in Ontario excludes taxis and drivers with paid passengers. Following our conversation, my friend … Continued

Personal injury advertising geared for change

Law Times | by Michael McKiernan, Darcy Merkur quoted | June 13, 2016

Personal injury advertising geared for change thumbnail Darcy Merkur wants to inject a new word into the public lexicon when it comes to personal injury law boutiques: “classy.” His firm, Thomson Rogers, teamed up with fellow industry heavyweights Oatley Vigmond Personal Injury Lawyers LLP and McLeish Orlando LLP to form the Personal Injury Alliance four years ago, introducing themselves with a series … Continued

Criminal Conviction Can Have Big Impact On A Civil Case

The Lawyers Weekly - Recovery Personal Injury Magazine | by Grant Cameron, Wendy Moore Mandel quoted | June 2016

criminal conviction can have a big impact on a civil case thumbnail When someone is accused of a criminal offence, whether due to a car accident or more heinous wrongdoing, they’re often so consumed with planning for their day in court that they don’t consider the effect of the charges on civil proceedings. Many assume that a Highway Traffic Act or Criminal Code conviction is separate from a future civil law claim. However, according to … Continued

Birth Trauma Litigation Complex, Controversial

The Lawyers Weekly | April 29, 2016

Birth Trauma Litigation Thumbnail Every year a number of newborns, small but significant in absolute terms, suffer avoidable brain injury during labour and delivery caused by poor obstetrical care. The losses are serious, with many suffering profound disability from cerebral palsy. Many have winnable cases, yet few are pursued. More is needed to overcome the medical and legal obstacles … Continued

April Fools – “Changes to Ontario Auto Insurance Give You More Choice”

Accident Benefit Reporter | Volume 17, Issue 1 | May 2016

Accident Benefit Reporter May 2016 thumbnail Just in time for April Fools’ Day, a letter arrived at my home from my automobile insurer.  My insurer was “writing to inform you of upcoming changes to your automobile insurance”.  Enclosed with the letter was an “introduction to these changes, provided by the Financial Services Commission of Ontario.”  The letter advised “your coverages remain … Continued

Major Accident Benefits Changes Come into Effect on June 1st, 2016

Accident Benefits Summary Charts (for accident on or after June 1, 2016)

Statutory Accident Benefits Schedule Summary Chart (for accidents on or after June 1, 2016) To help those in Ontario understand the major automobile insurance changes and the new reduced accident benefits limits, Thomson, Rogers has prepared two useful accident benefits summary charts. The first chart: Statutory Accident Benefits Schedule Summary (for accidents on or after June 1, 2016) highlights the accident benefits available for each of the three categories of … Continued

Recent Decision on Impact of SABS Settlement Before Tort Trial

ABR Updater | Issue 30 | March 2016

Carr Hatch, best personal injury lawyer Toronto The recent Divisional Court decision in Mikolic v. Tanguay, 2015 ONSC 71(CanLII) sheds light on the credit a tort defendant receives when the statutory accident benefits case (SABS) settles before the tort trial. At issue was what, if anything, from the SABS settlement was deductible from a jury award at trial of: $20,000 for past … Continued

A Rider’s Guide to Risk Management

Canadian Biker | by Craig Brown | March 2016

A Rider's Guide to Risk Management thumbnail Since I began riding in 1968, I have believed in the old adage “a motorcycle is the safest vehicle on the road – up to the point of impact”. Although I have been fortunate in avoiding a serious accident I have, like most riders, come off the bike on numerous occasions.  Those incidents are a … Continued

No-Fault Accident Benefits Coverage? No Thanks

Toronto Sun | by Darcy Merkur | March 5, 2016

No-Fault Accident Benefits image Ontario drivers are legally required to purchase automobile insurance that includes overpriced, no-fault accident benefits coverage. If you look at your automobile insurance invoice, you will see that some 25% (or roughly $350) of your annual automobile insurance premiums are specified to be in relation to your mandatory purchase of these no-fault accident benefits. With … Continued

“Arbitrator Slams Insurer for Acting in Bad Faith”

The Lawyers Weekly | February 5, 2016

Leonard Kunka, best personal injury lawyer Toronto A recent decision by arbitrator Knox Henry of the Financial Services Commission of Ontario (FSCO) in Thomas Waldock and State Farm Mutual Automobile Insurance Company has sent a wake-up call to all insurance companies about their primary duty of utmost good faith to their insureds when dealing with first party claims. In this case, a … Continued

Catastrophic Definition Changes for Auto Accidents On or After June 1, 2016

David MacDonald, best personal injury lawyer in Toronto On August 27, 2015 the Ontario Legislature released the regulation with the changed definition for Catastrophic impairment determination which will affect those in accidents on or after June 1, 2016 or when their policy renews thereafter, whichever is later. The goals of this paper are first to provide a brief overview of the changes to … Continued

Attempt to apply legislation retrospectively fails

The Lawyers Weekly | February 5, 2016

Darcy Merkur, best personal injury lawyer Toronto Recent amendment to SABS being used as “old rules-new rules’ bargaining chip. Yet again the insurance industry has been thwarted in its attempt to retrospectively apply insurer friendly legislative changes to ongoing claims. The issue of the retrospective application of legislative changes was again before the court in the context of automobile insurance rights in … Continued

Statutory Deductible Confusion

ABR Updater | January 2016

Darcy Merkur, best personal injury lawyer Toronto The risk analysis associated with the resolution of ongoing motor vehicle tort claims in Ontario has been turned on its head following the surprising December 8th decision by Justice Martin James of the Ontario Superior Court of Justice in Vickers v. Palacious, 2015 ONSC 7647 (Ont. S.C.). Since October 1, 2003, Ontario has had in … Continued

Eugenie Bouchard initiates personal injury claim against the US Open

December 7, 2015

Stephen Birman, best personal injury lawyer On October 13, 2015, Canada’s 21 year old female tennis star Eugenie Bouchard initiated a civil lawsuit against the United States Tennis Association and National Tennis Center(“USTA”) arising from a slip and fall accident that occurred during the United States Open Tennis Championships (US Open) on September 4, 2015. The lawsuit arises from an incident … Continued

Catastrophic Impairment: Earlier Determination, Factoring-In Pre-Morbid Impairments and Post-Accident Potential Deterioration

David MacDonald, best personal injury lawyer in Toronto The goal of this paper is to provide health care professionals with further tools to assist them in conducting evaluations and providing detailed reports to assist in Catastrophic Impairment determination. In addition, this paper examines the definition of catastrophic impairment, legislative intent and provides a summary of all of the decisions concerning catastrophic impairment determination … Continued