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Monthly Archives: August 2012

Forced by Your Insurer to Undergo a Vocational Assessment > Your Accident Lawsuit

The Issue

You are injured in an accident and sue. An insurance company defends your lawsuit What types of assessments can the opposing insurance company force you to attend, in your lawsuit? Can they force you to see a vocational assessor (i.e. not a medical doctor), who will assess your present and future abilities to work?

Rule 33 of the Rules of Civil Procedure and the Courts of Justice Act allow a defendant to conduct an assessment of a plaintiff. Specifically, section 105(2) of the Courts of Justice Actstates:

Where the physical or mental condition of a party to a proceeding is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health practitioners (italics added).… Continue Reading

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Hurt? Notify The City Of Your Injury Claim Immediately… Or Risk the Loss of Your Right to Sue

The Issue

You lose your right to sue a city / municipality if you file to notify them very quickly of your injury. If you fail to notify within 10 days, then do you have a “reasonable excuse” for being late? What is a “reasonable excuse”?

The Municipal Act requires that written notice must be provided to the municipality by registered mail within 10 days of an accident; failing which a person cannot commence a lawsuit.

Sections 44(10) and 44(12) of the Municipal Act read as follows:

s.Continue Reading

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Getting Rid of Assets > Chased by Judgment Creditors, “What if the Debtor has been disposing of their assets?”

The Issue:

What happens if you are ordered by the Court to pay someone money?

What assets can your creditor chase?

If you sell your house to your daughter, can your creditor still come after your (daughter’s) house?

In the recent case of Rose v. Pica, 2011 ONSC 7502 (CanLII), the Superior Court of Justice of Ontario set aside the transfer of a $300,000 house from mother/debtor to her daughter, leaving the house available to be seized by the judgment creditor.… Continue Reading

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Toronto Star: Parking error leads to hefty bill for driver

Our thanks to Mr. Eric Lai of the Toronto Star’s Wheels section for allowing us to participate in his August 28, 2012 article, Parking error leads to hefty bill for driver.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

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Toronto Star: Dealership ‘fixed’ brakes but car failed to stop. What can I do?

Our thanks to Mr. Eric Lai of the Toronto Star’s Wheels section for allowing us to participate in his August 21, 2012 article, Dealership ‘fixed’ brakes but car failed to stop.  What can I do?

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

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