Posts Categorized: motor vehicle accident
Faster Lawsuits: Defence Tries to Force Plaintiff to Trial Within 3.5 Months of Starting Their Lawsuit
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
You won’t be given relief, unless you ask….
A pretty aggressive motion by the defendants, having apparently failed to slow down one set of plaintiffs (which was ordered to Trial by Judge Snowie) led to this motion to drastically speed up the lawsuits of two other sets of plaintiffs: Chen v. Ji, 2013 ONSC 7408 (CanLII).
All 3 sets of plaintiffs were involved in the same August 2011 motor vehicle accident in Ontario. The first set started their lawsuit early and were ready to go to Trial in Jan/2014.… Continue Reading
Hurt in Car? Ontario Accident Benefits Changes: Attendant Care
On behalf of Bougadis Law Professional Corporation posted in accident benefits, attendant care benefits, economic loss, motor vehicle accident, toronto on
When you are hurt in a motor vehicle accident in Ontario, some accident benefits available to you potentially is attendant care benefits, which is a monthly payment to assist you with you daily activities while you are hurt. This may include getting ready in the morning, preparing your meals, etc.
There were big changes (i.e. reductions in attendant care benefits payable) in September 2010, including the limitation as to who could provide you with attendant care and be paid for their service.… Continue Reading
Hurt In Car Accident: Can Defendant Force You to Be Injected With Radioactive Liquid and Undergo a Bone Scan?
On behalf of Bougadis Law Professional Corporation posted in motor vehicle accident on
Fascinating case for personal injury lawyers practicing in Ontario – can a defendant force a bone scan on your client as part of their defence medical?
In the case of, Young v. Comay, 2013 ONSC 7552 (CanLII) brought before Judge Broad, the defendant’s medical expert suggested both a bone scan and MRI to assist with the evaluation of the plaintiff’s shoulder injury complaints, specifically to determine whether there were internal structural issues with the shoulder joint.
Although the plaintiff solicitor denied this relief, the only evidence offered in reply appears to be the family doctor indicating that a MRI of the shoulder would be a the best course and a bone scan was unnecessary.… Continue Reading
Facebook Strikes Again: Partial Disclosure Ordered, Preservation of Site Required – Part 6
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, damages, evidence, motion, motor vehicle accident, personal injury, production of documents, social media on
In this case Young v. Comay, 2013 ONSC 7552 (CanLII) the plaintiff testified at Discovery that she did have an ongoing Facebook account, prior to the accident, and that family photos and possibly other photos were posted therein.
Broad, J. ordered disclosure as follows:
[22] I would therefore order that the plaintiff serve a Supplementary Affidavit of Documents disclosing all photographs of herself, in her possession, power or control which are relevant to any matter in issue, including photographs depicting her engaged in physical, recreational, housekeeping, home maintenance or work-related activities for two years prior to the accident and during any period following the accident in respect of which she is claiming damages on the bases set forth in the Statement of Claim.… Continue Reading
Charged with Careless Driving…Can You Still Sue for Your Damages?
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, liability, motion, motor vehicle accident, personal injury, summary judgment on
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?
On behalf of Bougadis Law Professional Corporation posted in bill 198 threshold, court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury, security for costs, surveillance on
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
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