Vehicle Ownership – Liability is based on possession of vehicle
Car owners are liable under the Highway Traffic Act for the negligent operation of their vehicles by others. This liability is based on possession of the vehicle. In a recent Ontario case (Fernandes v. Araujo), the owner of an all-terrain vehicle was found liable for the negligent operation of that vehicle on a highway even […]
Insurers – Bad Faith Negotiating
Many people don’t know this, but insurers are required by law to attempt to settle a motor vehicle accident claim as quickly as possible. If they drag their feet, play hardball, negotiate in bad faith or refuse to consider reasonable settlement offers then this behavior will be considered by the court when it comes time […]
Fernandes v. Penncorp Life Insurance – long-term disability
In a recent decision, the Ontario Court of Appeal awarded a totally disabled man the sum of $236,773 in unpaid long-term disability benefits, $200,000 in punitive damages and $25,000 in damages for mental distress. This occurred when a disability insurance company refused to pay the man in the face of significant evidence of medical disability […]
Family Protection Endorsement – OPCF-44R
An Ottawa court case decided in January that the Family Protection Endorsement (OPCF-44R) did apply to cover a young man (not named in the policy) who received serious injuries in an accident caused by an uninsured driver. Despite the fact the young man had a pattern of living at more than one location, the court found […]
Important Change to Motor Vehicle Accident Benefits
Effective December 2014 persons who are injured in motor vehicle accidents will have to pay out of their own pocket for approved medical treatment and then seek reimbursement for this expense from their insurer unless the medical services provider who provides the treatment is licensed with the Financial Services Commission of Ontario (“FSCO”). Only those […]
Victims of the OC Transpo/Via Rail crash and their families are eligible for Accident Benefits.
Those individuals injured on the OC Transpo bus on Wednesday September 18, 2013 and the families of those who lost their lives are eligible to apply for and receive Statutory Accident Benefits or “SABS”. These benefits may include death benefits, income replacement and medical/rehabilitation benefits. Due to the priority payment rules in the Insurance Act, […]
Motor Vehicle Accidents in Ontario
Ontario has a two-pronged system for compensating people who are injured in motor vehicle accidents. It is a mixed fault/no-fault system. The no-fault component is referred to as the Accident Benefits claim. The fault component is referred to as the Tort claim. A tort claim may be available in cases where the accident is the […]
When is a Minor Injury not a Minor Injury for Accident Benefit purposes?
Entitlement to medical and rehabilitation services changed for persons injured in motor vehicle accidents after September 1, 2010 (see Ontario Regulation 34/10). As of this date, persons who suffer a ‘minor injury’ in an automobile accident are subject to the Minor Injury Guideline and the benefit limits set out in the regulation. Essentially, persons who […]
