There is a two (2) year time limit from the date of your accident, or injury, to file a claim in Court. If no claim is filed in Court, after the two year mark the right to make a claim will likely be lost. It is very important that you contact us as soon as possible after your accident, or injury, to make sure that the time limit is not missed ... more
If you are not 100% at fault, a claim can be made. Tort claims can be made involving general damages for pain and suffering; loss of enjoyment of life and loss of amenities; loss of income; future care expenses; and other out of pocket expenses ... more
o-Fault accident benefits apply to any person in Ontario who has been injured in an accident involving a motor vehicle, regardless of who is at fault for the accident. That includes drivers, passengers, pedestrians and cyclists. These benefits, by law, are part of every car insurance policy sold in Ontario ... more
Because of the completely unexpected nature of these accidents, fairly serious injuries may occur. Potential "at fault" persons are the owner and tenant of the property where the fall occurred, and the municipality if the fall occurred on public property such as sidewalks and municipal parking lots ... more
Generally, when one person's negligent act directly results in the death of another person, that is considered a wrongful death. Relatives of the deceased person may seek compensation for their financial and relationship losses which result from a wrongful death of their loved one ... more
If you experience physical pain, scarring or psychological damage from the behaviour of an animal that belongs to another person, you are entitled to make a claim for compensation. Dog bites are probably the most common type of animal injury, and Ontario has a statute called the Dog Owner's Liability Act which governs such situations ... more
Class actions are appropriate when a group of people have similar potential claims. What may be too small a claim, if pursued by one person, may be a very large claim if pursued by a group of people. There is almost no claim that is too small if it can be the start of a class action ... more
First, we will open a Court file by preparing and issuing a document called a "Statement of Claim". This must be served on the party you are suing, who will normally take it to his or her insurance company. The insurance company will then retain a lawyer to defend the case. That lawyer will respond by filing a "Statement of Defence" ... more
An examination for discovery is usually held in an office located downtown, in or near the Court House of the Judicial District where an action is commenced, or where the person resides ... more
At the outset the mediator will outline the terms of the mediation. He will explain that each side will be given an opportunity to present opening remarks, discuss the issues and often an opportunity for the clients to speak as well ... more
If a claim is brought for an injury typically one of the components of the claim is pain and suffering and loss of enjoyment of life. A second component is for loss of income. An additional component, which in the past has been largely ignored, is the injured person's capacity to perform housework and home maintenance ... more
A personal injury may cause a person to be off work for a period of time. After a return to work, it may be that the injured person's ability to perform the pre-accident work is not affected. Despite returning to work there may be a loss of work capacity that should be recognized ... more
Recent changes to life insurance policies provide relief from undue financial hardship. Having knowledge of these benefits may be of assistance to our clients ... more
What is a sufficient connection to an accident for a court to provide compensation? Rarely do we have a case where there are no pre-existing and/or subsequent conditions or accidents. How does a court assess compensation in a claim? These are issues that doctors, lawyers and the courts have been struggling with for many years ... more