What is a Litigation Guardian?
In a Personal Injury action the lawyer explains various legal options to the client, makes recommendations as to how best to proceed and then gets instructions on how to advance the client’s case. The underlying principle is that the client remains in control of their case. If a client is legally incapable of providing instructions […]
The Most Common Causes of Car Accidents in Canada
Recent studies on car accidents in Ontario confirm that many drivers are not leaving enough space between themselves and other vehicles — more than 25% of collisions involve a car being rear-ended, according to 2016 statistics. Crashes occurring while going through intersections or turning are almost as frequent. The number of collisions is on the rise […]
Public Transit Accidents and Accident Benefits
Every motor vehicle in Ontario must carry liability insurance and these policies are required to include Statutory Accident Benefits, also known as No-Fault Benefits. These benefits pay for reasonable and necessary medical and rehabilitation expenses, income replacement, and attendant care, regardless of who was at fault. If a person who is not covered by motor […]
Public Transit Liability
Accidents involving public transit vehicles, such as trains or buses, can be complicated if it appears that multiple parties contributed to the collision. If there was negligence on behalf of the bus or the train operator a claim can be made against them personally. The municipality that operates the transit system is vicariously liable for […]
Ontario Automobile Insurance Reform
On January 9, 2019 the Ontario Government announced that it is seeking ideas on how to make auto insurance more affordable. The Government is inviting drivers and consumers to share their opinions on how to lower auto insurance rates. The Minister of Finance said that “auto insurance is clearly broken. Auto insurance rates in Ontario […]
Black Ice and Collisions
We all know that when we are driving in the winter, it is particularly important to be alert for dangerous road conditions caused by snow, slush or ice. One of the more dangerous winter road hazards is black ice because it is almost invisible. Black ice gets its name from the colour of the pavement […]
Recent Ontario Court of Appeal Decision Regarding Victims of Motor Vehicle Accidents
On December 4, 2018, a five judge panel of the Ontario Court of Appeal delivered a decision relating to innocent victims of motor vehicle accidents. The court ruled that the no-fault accident benefits should “be deducted from tort damages using a silo approach rather than a strict matching (“apples-to-apples”) approach”, which had been used previously […]
11 Ways to Avoid Common Winter Driving Mistakes
Ottawa has experienced its first snowfall of the 2018–2019 winter driving season. Not unexpectedly, winter driving results in more motor vehicle accidents than any other season. The reasons seem apparent — poor visibility in snowstorms and slippery road conditions. What is also obvious are the reasons why individual drivers are involved in these accidents. Here […]
The Motor Vehicle Accident Claims Fund (MVACF) in Ontario
What is the Motor Vehicle Accident Claims Fund? The Motor Vehicle Accident Claims Fund (MVACF) is the payer of last resort in Ontario and is only available when no claim can be brought against another automobile insurance provider. It was established by the Ontario government and is managed by the Financial Services Commission of Ontario […]
