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Remember the 10 Day Notice Period!

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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New Challenges for Accident Victims and their Families

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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FAIR for Car Accident Victims

Goodman Halioua LLP is proud to announce that it has joined FAIR (Fair Association of Victims for Accident Insurance Reform). FAIR is a not-for-profit organization of car accident victims struggling with the current automobile insurance system in Ontario. FAIR seeks the reform of automobile insurance legislation in Ontario so that all car accident victims receive the treatment they require. The current legislation and the often inappropriate use of the Minor Injury Guidelines (MIG) classification provides insurers with broad powers. These powers allow insurers to limit claimants' rights to the benefits they need and their ability to discover the extent of their injuries and...

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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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