Title |
Summary |
Date Published |
Understanding Product Liability in Canada |
The Canadian government and Health Canada have guidelines and regulations in place to protect Canadians from unsafe product. Despite these protections, people are sometimes injured by a dangerous product, and are entitled to claim compensation for their losses. |
Jun 26, 2016 |
Shared Liability between Government Authority and 'At fault' Driver |
In cases where both a negligent driver and unsafe road condition were responsible for causing an accident victim's injuries, the 'at fault' driver and government authority may be deemed contributory negligent for damages. |
Jun 12, 2016 |
Train accidents: potential for significant Injury |
Although train accidents are far less common than other collisions, they can cause catastrophic and devastating injuries due to the large number of people that are potentially impacted and the often hazardous materials being transported. |
Jun 03, 2016 |
Changes to Statutory Accident Benefits effective June 1st 2016 |
Effective on June 1st, 2016, there will be changes to the maximum statutory accident benefits allowable for injured accident victims in Ontario |
Jun 01, 2016 |
What is a Tort Claim? |
If you are injured due to someone else's negligence, you can file a tort claim to seek compensation for damages. |
May 25, 2016 |
Liability if Pushing or Physical Contact causes Injury |
Physical altercations are more likely to occur during or after events involving drinking, but even a seemingly harmless push can lead to injury for which the ?at fault? person can be held liabl |
May 23, 2016 |
Food Poisoning and Consumer Rights |
Manufacturers,distributors and restaurants can be held liable if unsafe food handling or processing resulted in food poisoning and serious symptoms for a consumer. |
May 09, 2016 |
Proving a Motor Vehicle Injury Claim |
In a civil claim for compensation for injuries arising from a car accident, a plaintiff may need to prove the other driver was negligent in causing their injuries, and must also provide evidence of their financial and other losses resulting from their injuries. |
May 03, 2016 |
Public Safety and Liability for Dog Bites |
Dog owners are strictly liable for the injuries that their dogs cause to others, according to the Dog Owners' Liability Act. |
May 01, 2016 |
How Multiple Car Accidents may complicate the Claims Process |
Personal injury claims involving multiple injuries from different events separated in time can make it more difficult to apportion fault and award compensation. |
Apr 20, 2016 |
Injured man awarded almost $1 Million in Undefended Trial |
An injured man was awarded almost $1 Million in an undefended case as a result of the defendants failure to file a Statement of Defence |
Apr 13, 2016 |
Proving Damages for an Unsafe Product |
Manufacturers and retailers can be found liable for injuries sustained by consumers after purchasing damaged products |
Apr 11, 2016 |
Resolving an Insurance Claim Dispute |
In Tut vs. RBC General Insurance Company, the courts ruled that RBC could not deny coverage to the plaintiff despite the fact that the accident involved a family member who was a novice driver with a concentration of alcohol in his system. |
Apr 01, 2016 |
How Social Media affects Personal Injury Claims |
Insurance companies are using social media as an investigative tool to obtain evidence against plaintiffs in court. |
Mar 31, 2016 |
How do you measure Pain and Suffering: the History of Non-Pecuniary Damages |
Non-pecuniary damages are awarded to seriously injured accident victims, for their pain and suffering, and loss of enjoyment in life. This form of compensation has evolved in Canada in terms of the amount that may be awarded and what makes a victim eligible for non-pecuniary damages. |
Mar 11, 2016 |
Adequacy in Attendant Care Benefits |
Attendant care benefit compensates for the cost of hiring an aide or staying in a medical facility. Attendant care benefit is available under all Ontario vehicle insurance policies but is limited to a maximum and subject to several qualifiers. Attendant care expenses may be claimed in a civil suit and these awards are more generous for catastrophically injured accident victims. |
Mar 03, 2016 |
Denial of Travel Insurance Benefits |
Insurance companies often deny travel health insurance claims if the claimant made a mistake on their application or failed to reveal an preexisting condition. |
Feb 26, 2016 |
Understanding Special and General Damages awarded in a Personal Injury Suit |
Special and general damages are common types of compensatory damages awarded to an accident victim in a personal injury claim. The purpose of these damages are to compensate the injured person for losses that they experienced due to their injury. |
Feb 23, 2016 |
Calculating Future Care Costs in Personal Injury Claims |
Accident victims who suffer disabling injuries in an accident caused by a negligent party can claim damages for the projected cost of their future care. Persons with catastrophic injuries generally required more substantial care and the amount of damages to which they are entitled is on par with the magnitude of their injuries and needs |
Feb 10, 2016 |
'Tis the Season for Slips on Icy Pavement |
Pedestrians need to take extra care while walking during winter conditions. In the event you suffer serious injury from a slip and fall on an icy surface, you may be eligible for compensation for your losses |
Feb 02, 2016 |
Deadlines for Filing an Injury Claim |
Individuals who sustained injuries in any type of accident need to be aware of the time limits for commencing a claim for compensation as defined in the Limitations Act. There are also time restrictions for notifying your car insurance company if you want to make a claim for accident benefits arising from a car accident. |
Feb 01, 2016 |
Are Roundabouts Safer? |
Research shows that while roundabouts are safer and more efficient in the long-term, there is often an increase in car accidents in the first years of installation. Driver confusion over roundabout traffic laws is a likely factor in many of these car accidents. |
Jan 29, 2016 |
Soft Tissue Injuries often result from Automobile Accidents |
Soft tissue injuries often result from a car accident and often cause long-term pain. Accident victims should seek medical treatment as soon as the symptoms of soft-tissue injury present themselves. |
Jan 26, 2016 |
Uninsured Motorist Coverage exists to Protect Injured Accident Victims in Ontario |
All Ontario car insurance policies include coverage for damages resulting from a motor vehicle accident caused by an uninsured driver or a hit-and-run driver. In the case where no one involved in a car accident has insurance coverage, the Ontario ‘Motor Vehicle Accident Claims Fund’ provides coverage for damages, as a last resort. |
Jan 22, 2016 |
Speeding Overtakes Impaired Driving as the Leading Cause of Accidents in Ontario |
Speeding is a problem throughout Ontario that often results in serious injury and substantial fines and increased insurance rates for the guilty party, as well as potential liability in a negligence suit. |
Jan 17, 2016 |
Punitive Damages are awarded to Punish Liable Persons for Reprehensible Conduct |
Unlike compensatory damages awarded to persons injured by a negligent party, punitive damages are only awarded when the defendant is liable for a particularly reprehensible action. |
Jan 09, 2016 |