It is not uncommon to have a client that is injured in an accident and is, at the time, receiving CPP disability benefits due to pre-existing medical conditions.  In order to recover CPP disability benefits the recipient must demonstrate that the condition(s) suffered are prolonged and continuing.  It is not uncommon for defendants to argue…

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…