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27 April
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Attendant Care Hourly Rate Guideline

Posted by Elliot Goodman
in Uncategorized

A decision of the Licence Appeal Tribunal (“LAT”) released in August 2017, A.H. and Belair, had very damaging results for seriously injured motor vehicle accident victims across Ontario until the Financial Services Commission of Ontario (“FSCO”) stepped in to correct the resulting injustice earlier this month. The “attendant care benefit” is intended to pay for expenses incurred for a personal aide or attendant to look after a seriously injured motor vehicle accident victim. In order to calculate a person’s monthly attendant care needs, a qualified occupational therapist or nurse will complete an Assessment of Attendant Care Needs (Form 1), which will...

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21 May
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Remember the 10 Day Notice Period!

Posted by Elliot Goodman
in Slip and Falls, Uncategorized

A recent Ontario case dealt with the requirement that notice to the City of Toronto must be provided within 10 days of an accident as required by section 42(6) of the City of Toronto Act (also found in the Municipal Act). This notice requirement applies to incidents occurring on municipal property. In Seif v. City of Toronto (released May 13, 2014), the plaintiff did not notify the City of her trip and fall incident, which occurred on a City sidewalk until just over four months after the date of her accident. The reason for the late notice, as stated in the...

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31 December
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New Challenges for Accident Victims and their Families

Posted by Elliot Goodman
in Uncategorized

The Ontario government quietly made some important changes to the automobile insurance legislation in the Province. On December 17, 2013, the government released Ontario Regulation 347/13 (the “Regulation”) under the Insurance Act, which implemented three changes to the Statutory Accident Benefits Schedule (“SABS”). Two of the changes significantly limit the rights of motorists who are injured in Ontario. One of the changes affects the requirements that must be met by an insured claiming that they fall outside of the Minor Injury Guidelines (the “MIG”) and corresponding $3,500.00 limit. Prior to the Regulation, compelling evidence that an insured “has a pre-existing medical...

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12 December
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Commercial Vehicle Accidents

Posted by Elliot Goodman
in Motor Vehicle Accidents, Uncategorized

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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12 November
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Deductible for Multiple Accidents

Posted by Elliot Goodman
in Uncategorized

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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24 September
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Preparing for Fall Driving

Posted by Elliot Goodman
in Uncategorized

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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14 September
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Supreme Court Decisions Available for Free

Posted by Elliot Goodman
in Uncategorized

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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