This is an important decision involving an injured person’s ability to access justice without delay. It involves a woman who suffered a catastrophic brain injury when she was hit by a motor vehicle as a pedestrian. The case was commenced in Barrie, where trial dates are readily available. The defence brought a motion to transfer the trial to Toronto. The Toronto system is backlogged and a transfer to Toronto would have meant that the trial would be delayed for three years.
Insight into how to determine, plan, work for, and win appropriate damages for your client.
Many individuals who are involved in an Ontario motor vehicle accident (“MVA”) sustain debilitating injuries involving the brain, spinal cord, loss of a limb, among other long-term injuries. Due to the inadequate provincial auto insurance legislation currently in place, needed or timely medical and rehabilitation coverage and benefits are non-existent for many of these MVA victims.
FAIR (Fair Association of Victims for Accident Insurance Reform), a non-profit organization for MVA victims, is hoping to change that. They provide a voice for MVA victims, advocating for change and the fair treatment of accident victims. Their purpose is to hold the insurance companies accountable for the insurance contracts they issue and seek change in how insurance companies assess and pay for benefits arising from injuries suffered in Ontario MVA accidents.
Even though motorcycles are inherently more dangerous to operate than passenger cars, we are seeing an increase in the popularity of this mode of transportation. In an effort to reduce the risks of riding a motorcycle, enthusiasts are taking considerable steps to protect themselves through the use of sophisticated safety gear. Some examples include protective gloves, plated or padded jackets, reinforced boots and protective pants.
A person must be involved in an “accident” to be entitled to statutory accident benefits from their motor vehicle insurer. In its everyday use the word accident describes an untoward event which is not expected or designed. There are two questions to ask when determining whether an incident is an “accident” under the SABS. First, did an intervening act cause injuries that would not be part of the ordinary use or operation of a vehicle? Second, was the use or operation of the vehicle a direct cause of the injuries?
This article reviews the law relating to the use of demonstrative evidence at trial. Demonstrative evidence includes illustrations, charts, anatomical models and even computer simulated animations.
After September 1, 2010, you have far less coverage if you have the misfortune of being involved in a motor vehicle collision. Your insurer may have informed you by now that you will have “more coverage options” when it comes time to renew your automobile insurance policy. The fact is, consumers will now have much less protection than they previously had, unless they purchase ‘Optional Benefits’ coverage.
In this modern era, traveling to foreign and exotic places is commonplace, especially for Canadians who love to escape to warmer weather during the winter. Many Canadians regularly travel to islands in the Caribbean, to the U.S., Europe, and Mexico. While at these destinations, you will no doubt travel in some form of a motor vehicle, but what happens if you get in an accident or injured?
While some of the amendments are positive, we are concerned that these reforms do not reflect the reality that very few people in Ontario actually purchase optional increased accident benefits coverage. In effect, this will likely result in overall reduced insurance funding for persons injured in motor vehicle accidents. Whether there will be a corresponding reduction in insurance premiums has yet to be seen.