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Uninsured vehicles, beneficial ownership and the right to sue

/ Personal Injury /

Driving a vehicle without auto insurance coverage bars the owner from starting a lawsuit after a collision regardless of another driver’s negligence, due to the joint operation of s. 2(1) of the Compulsory Automobile Insurance Act and s. 267.6(1) of the Insurance Act. The Compulsory Automobile Insurance Act is intended to ensure that every car operated in the province is insured. The […]

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Supreme Court of Canada to revisit seminal case on slip and falls

/ Personal Injury /

In August, the Supreme Court of Canada granted leave to appeal from the decision of the Court Appeal for British Columbia (BCAA). The municipality sought leave when the BCCA ordered a new trial after setting aside the trial judge’s order dismissing plaintiff’s action. The Supreme Court of Canada will likely hear submissions sometime in 2021. To read

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Insurers obligated to provide notice when terminating a policy

/ Personal Injury /

Is an insurance company entitled to terminate an automobile policy without providing notice on the basis of material misrepresentations in the application? In Merino v ING Insurance Company of Canada, the Ontario Court of Appeal says no. The court found an automobile insurer in Ontario cannot rescind an automobile insurance contract at common law ab initio, and

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What do e-scooters mean for safety on Ontario roads?

/ Personal Injury /

In November 2019, the provincial government announced a five-year pilot project allowing the use of electric scooters, commonly known as e-scooters on Ontario roads, beginning Jan. 1, 2020. The integration of e-scooters was met with push-back by road safety experts, city officials and personal injury lawyers, citing the dangers seen in cities across North America.

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Natural waters: Risks to check before jumping in

/ Personal Injury /

Summer in Ontario means spending more time in the water – lakes, rivers and ponds. Unfortunately, the summer season also correlates with an increase in water-related injuries and fatalities, including drownings. In an effort to focus community attention on downing prevention, the Lifesaving Society has designated the third week of July as National Drowning Prevention Week.

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Short motions and applications in the midst of a pandemic

/ COVID-19 /

From virtual hearings to suspended filing deadlines, Ontario courts and those in the legal profession have been forced to adapt to rapidly changing circumstances due to the COVID-19 outbreak. In May, a Toronto Region Notice to the Profession was issued, providing further guidance to the public in response to the suspension of in-court hearings. As a result

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Limitation period is on pause – what about your PI claim?

/ COVID-19 /

It has been nearly three months since COVID-19 forced distance between us. Across the world, courtrooms and legal proceedings have had to adapt rapidly. On March 20, 2020, all limitation periods and procedural deadlines were suspended in Ontario for the duration of the declared state of emergency. Although the Limitations Act is currently “on pause” that does not

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Find out how much your personal injury claim is worth

/ Personal Injury /

Those injured in motor vehicle collisions and other types of incidents are left with endless uncertainties. You may suddenly find yourself unable to work, facing mounting financial pressures of unpaid household expenses and medical bills. After you’ve retained a lawyer, one of the first things you will likely want to know is: how much is my claim

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