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Monthly Archives: May 2014

Motion for Refusing to Answer Questions at Examinations for Discovery: Factors to Consider

In civil litigation, party litigants must proceed to the question-answer process of an Examination for Discovery, during which time many questions will be asked of a party.

The issue of whether you “must” or “have to” answer a specific question very frequently arises. Specifically, plaintiffs often wonder whether a series of questions improperly inquires about personal / intimate matters or whether the questions are off-base from the subject matter of the lawsuit. For example, many of my clients initially wonder “why are they asking me about that, aren’t we talking about how they caused this car accident?”.… Continue Reading

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Relatives sue unsafe driver after 3-death collision

On June 26, 2009, a 40-year-old man killed three other individuals while operating his vehicle. The deceased included an 81-year-old bicycle rider, a newlywed couple whose vehicle was rear-ended and the couple’s dog. When the motorist was convicted on triple counts of dangerous driving causing death, he received a suspended sentence.

At the time of reporting, the man remained subject to a decade-long driving probation and three years of probation. In the aftermath of the deaths, the victims’ families sued the negligent driver, and a later investigation by the Ontario ombudsman revealed that the man should not have been operating a motor vehicle in the first place.… Continue Reading

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Insurers Fight to Avoid Paying Accident Benefits: Ontario Car Accident

The Issue: If you are riding in a friend’s car and are hurt in a car accident, then do you apply to your friend’s car insurer for Accident Benefits or do you apply to your own insurer?

Why This Matters: No one likes to make a claim against their own insurance company, as everyone generally is concerned about their car insurance premiums increasing.

So if your car is sitting at home and your friend gives you a ride, if you are hurt, whose insurance company will pay your Accident Benefits?… Continue Reading