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Commercial Vehicle Accidents

In Security National Insurance Company v. Markel Insurance Company, 2012 ONCA 683 (CanLII), the Ontario Court of Appeal considered the appeals of two decisions of the Superior Court of Justice interpreting s. 66(1) of the Statutory Accident Benefits Schedule - Accidents on or after November 1, 1996, O. Reg. 403/96 (“SABS”), enacted pursuant to the Insurance Act (the “Act”). Section 66(1) deems certain persons to be named insureds for the purposes of s. 268(2) of the Act, which affects the priority in which insurers are to pay statutory accident benefits under s. 268 of the Act. Section 66, “Company Automobiles and...

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Deductible for Multiple Accidents

In Martin v. Fleming, 2012 ONCA 750, a decision of the Court of Appeal for Ontario released on November 5, 2012, the Court interpreted  section 267.5(7) of Ontario's Insurance Act, which stipulates that certain amounts are to be deducted from non-pecuniary damage awards (pain and suffering) for bodily injury or death arising directly or indirectly from the use or operation of a motor vehicle. On a motion to determine a point of law, Justice Herman of the Superior Court of Justice ruled that where a plaintiff has been involved in two accidents and the actions are tried together to facilitate the assessment of...

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Preparing for Fall Driving

As fall approaches, drivers should prepare for changing conditions that can make navigating the roads in Ontario more difficult. Changes in temperature and lighting and the presence of certain obstacles on the roads are issues that drivers need to consider. Please click on the above link to a helpful Toronto Star article which provides ten tips for autumn driving....

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Supreme Court Decisions Available for Free

The Canadian Legal Information Institute (CanLII) has announced that they will provide an additional 1600 decisions of the Supreme Court of Canada on their website meaning that users will now have access to over 9,000 decision of the Court dating back to 1907. Currently, there are approximately 1 million court and tribunal decisions available on CanLII and this is growing at a rate of about 2,000 per week. This is obviously great news for the public who should have free online access to all published court and tribunal decisions. While CanLII possesses a tremendous collection of decisions, the most comprehensive databases...

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Highway 401- Statistically the safest in North America

According to a recent Toronto Star article, Highway 401 is statistically the safest multi-lane roadway system in North America. The article cites the latest data from Ontario's Ministry of Transportation indicating that the highway's fatality rate of .62 per 10,000 licensed drivers is the lowest ever recorded in Ontario and the lowest in North America. The Ministry of Transportation identified the following three areas of Highway 401 as having the highest collision rates on the highway: (1) the six km section from Dixie Road to Mavis Road; (2) the 34 km portion from Neilson Road to Highway 427; and (3) the four km stretch...

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