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Monthly Archives: June 2009

Hit and Run Car Accident, Driver Flees after Hitting Cyclists

As a weekend running warrior, this news story in the Globe and Mail of five cyclists injured badly in a hit and run car accident while on their weekly ride resonates.

Hit and run car accidents are, unfortunately, quite common when you practice in this area.  Surprisingly, even people with car insurance coverage sometimes try to escape the responsibility of having caused or being a part of a car accident.  The common victim is a pedestrian or cyclist, injured and lying on the ground and unable to help themselves or chase after the unidentified vehicle. … Continue Reading

Investigative Powers for the 21st Century Act > Proposed Legislation

As widely reported, the federal government has just introduced Bill C-46 and Bill C-47 which propose to increase the responsibility of internet providers to keep information about users and materials sent over their systems and potentially increase the access of police forces to this information.

Reporting by the CBC and others has been extensive, focusing generally on privacy concerns.

Both Bills have only been introduced in First Reading and it is unclear whether they ultimately will be passed.

In Ontario as background, the Information and Privacy Commissioner (Ontario) office deals with privacy concerns of Ontarians.… Continue Reading

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WHO Report (2009) on Road Safety

As widely reported, the World Health Organization (WHO) has issued its report on global road safety and statistics on worldwide car use and injuries.

Canada compares well on the world stage in terms of legislation governing safety measures. This includes seatbelt restraints, drinking and driving legislation, child safety restaints and helmet laws. See Canada’s profile report here.

As in our April 24 road safety blog, Ontario’s drivers expect changes to the law in the Fall, 2009, requiring “hands free” use of cellphones and blackberry devices.… Continue Reading

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Homeowner’s Insurance > Please Defend Me > Fighting with My Neighbour

As reported in the Ontario Reports, the 2009 Superior Court of Justice case of Glassford v. TD Home and Auto Insurance Co. (2009), 94 O.R. (3d) 630 (S.C.) deals with the duty to defend and the role of a homeowner’s insurance policy when you are sued in a lawsuit.

What happens if you get into a physical fight with your neighbour?  And your neighbour sues you for hurting him in that fight?

If you have homeowner’s insurance, then your insurance company may have a duty to defend you in that lawsuit – i.e.… Continue Reading

Pain and Suffering Damages in Alberta

As background, this follows our June 4 and June 5 blogs on pain and suffering damages.

Last week, the Alberta Court of Appeal in Morrow v. Zhang (2009 Alberta Court of Appeal) reversed the Trial decision which had previously struck down their threshold legislation regarding car accidents (see PDF version of Judgment here).

Therefore, as a result of the Alberta Court of Appeal’s decision, Alberta has a limit of $4,000 in damages for “minor injuries” suffered in car accidents.

It is unknown whether there will be an appeal to the Supreme Court of Canada, although one is expected.… Continue Reading

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Ex-Nortel CEO Fights his Insurer > Pay My Lawyer’s Fees!

A rather frequent issue is whether an insurance policy will apply to a lawsuit brought against the insured. That is, insurance premiums were paid at some point in time and now a lawsuit is brought against the insured and the question often is whether the insurance policy is required to “defend” the insured and/or provide “coverage” to the insured.

If the insurance company limits the scope of the policy’s response to the lawsuit, then the insured may choose to go to Court to determine how involved the insurance policy must become in relation to the outstanding lawsuit.… Continue Reading

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