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…

Novel Case – When is an accident a motor vehicle accident   Note: The author wishes to thank Josh Nightengale for his research efforts on this topic.   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…

Musings: Who’s side are you on?   Quick question.  What is my duty as a lawyer?  Is it to tell you what you want to hear or to provide you with the objective advice you need to make the most informed decision?  No doubt your answer would be the latter.  However, you would be shocked…

Jury Trials:  Don’t worry, a jury will believe me.   I have heard injured people say this to me over the years.  I have been practicing law for almost 20 years and I can tell you that trials, especially jury trials, are completely unpredictable.   A case in point was a jury trial I started…

Do I need litigation insurance?   Did you know that Ontario is considered, for lack of a better term, a “loser pay jurisdiction.”  This means that the party who wins at trial can recover a portion of their legal costs from the losing party. It is no small feat taking on an insurance company.  These…

Developments in After the Event Insurance With the proliferation of after the event litigation insurance (ATE) in personal injury claims, I have observed that insurers are now pushing ever harder to recover their litigation costs.  I believe this to be an unintended consequence of ATE but it is a new reality in the practice of…

Personal injury law can be extremely complex and confusing.  The key, when searching for a personal injury lawyer, is to find one that is plain spoken and will provide you with a straight forward review of your claim.  During my career, I have been contacted by many potential personal injury clients who have representation but…