BEWARE OF BILL 118: Proposed limits to the Occupiers’ Liability Act Those injured in accidents are often faced with significant statutory and policy hurdles, which must be overcome to recover compensation.  It appears that further limits on the rights of injured Ontarians is rearing its head.  This time it’s  Bill 118, which is a private…

OPINION: COMMON SENSE  NEEDED IN THE ONTARIO AUTOMOBILE INSURANCE REGIME There essentially two automobile insurance regimes in Canada. One regime is a pure no-fault system where there is no right to initiate legal proceedings and compensation is provided through a government agency.  Fault is not a consideration with respect to compensation. The other type of…

Changes to the Simplified Procedure   On January 1, 2020  there will be changes to Rule 76 of the Rules of Civil Procedure and s. 108 of the Courts of Justice Act.  I believe that the coming changes will lead to improved administration of justice, reduce the use of judicial resources in civil matters and…

Don’t worry. A jury will believe me. As a personal injury lawyer in the City of Toronto, I have heard injured people say this to me over the years. The most adamant about the merits of their claim are those who have usually suffered soft-tissue injuries. As I have written in a previous article on…

When you are injured in a motor vehicle accident, you must apply to your automobile insurer for what are called accident benefits.  These benefits provide you, at a minimum, with medical and rehabilitation benefits and/or a weekly benefit.  In order to recover benefits under your policy of insurance, you must be in an incident in…

  While jury trials in civil cases seem to exist in Ontario solely to keep damages awards low in the interest of insurance companies, rather than to facilitate injured parties being judged by their peers, the fact is that the jury system is still the law of the land. – Justice F.L. Myers Ontario Superior…

AUTHOR’S NOTE: This article focuses on motor vehicle accidents actions commenced in the City of Toronto and actions not commenced in the Simplified Procedure. Therefore, be aware that what follows may not necessarily be applicable in your practice jurisdiction. That said, the specific automobile provisions noted in the article are contained within the Ontario Insurance…

Wait!? I had an a car accident and you’re telling me I am not entitled to recover for my pain and suffering? I have heard this from injured people on numerous occasions during my career.  There is a belief that if someone has an accident then they are entitled to compensation.  It is a shock…

Update on Litigation Insurance – Recovery as an Assessable Disbursement By: Tullio A. D’Angela (July 18, 2019)   Currently, there is a debate in Ontario whether litigation insurance premiums are recoverable as an assessable disbursement.  Defendants argue that the premiums are not a compensable disbursement.  When discussing settlement with defence counsel, request for payment of…

Wait?  They can watch me?   In a personal injury case, it is not uncommon for insurers to conduct surveillance on you.  You may think that you are entitled to privacy but, once you are in the open, the insurer can have an investigator follow you to see what you are doing.   The basis…