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Monthly Archives: July 2012

Charged with Careless Driving…Can You Still Sue for Your Damages?

The Issue

If you rear-end another car and you are charged with careless driving, can you sue the other driver (the car you hit) for damages for the injuries and loss that you have suffered?

Normally, plaintiffs are the ones who are rear-ended and it is expected that they can claim their damages for injuries suffered (a notable exception: here).

But if you rear-end, can you still sue?

Why This Matters

The recent Ontario Superior Court of Justice case of Hatzitrifonos v.Continue Reading

Is a Fractured Left Knee a Serious and Permanent Injury?

The Issue

In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.

If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.

Why This Matters

Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading

You Must Pay Before You Can Sue: $200,000 in Security for Costs Awarded

The Issue

In certain situations, the Court can order that a plaintiff (bringing a lawsuit) must pay money into Court as a pre-condition to continuing their lawsuit.

Why This Matters

The recent Ontario Superior Court of Justice case of Future Health Inc. v. Economical Mutual Insurance Company, 2012 ONSC 4308 (CanLII) deals with a plaintiff company that was bankrupt and bringing this lawsuit against the defendant.  The plaintiff bankrupt company was ordered to pay security for costs, arising from the concern that the plaintiff had ‘nothing to lose’ with the lawsuit – i.e.… Continue Reading

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Toronto Star: Your Beef: Why did insurer approve repair estimate without reader consent?

Our thanks to Mr. Eric Lai of the Toronto Star’s Wheels section for allowing us to participate in his June 26, 2012 article, Your Beef: Why did insurer approve repair estimate without reader consent?

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

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