Posts Categorized: personal injury
Ontario Accident Benefits (SABS) – The Role of Doctors and Their Medical Assessments
On behalf of Bougadis Law Professional Corporation posted in accident benefits, experts, insurance law, motion, motor vehicle accident, personal injury, production of documents on
If you are injured in a car accident in Ontario, you will likely have access to Ontario’s no-fault insurance benefits plan, which is the Statutory Accident Benefits Regime (SABS) or more commonly referred to as “Accident Benefits”.
When you claim Accident Benefits, you likely will be asked to undergo a medical assessment by a doctor or medical practitioner to evaluate your condition and provide an opinion as to your entitlement to Accident Benefits.
If you are assessed by a medical doctor at the request of the Accident Benefits insurer, is that doctor an expert or a fact witness?… Continue Reading
Trip and Fall in a Busy Costco Store > The 347,496th Customer was Unlucky
On behalf of Bougadis Law Professional Corporation posted in damages, insurance law, pain and suffering, personal injury, slip and fall on
Big box retailer Costco recently was ordered to pay damages to a 53 year old retired woman who tripped and fell in January, 2003 while entering the Costco store with her husband. She tripped over metal floor grates designed to allow dirt and debris from customer footwear to fall below floor level, keeping the area clear for the next customers passing through.
Liability was seriously in dispute. This busy London, Ontario Costco store had used this metal floor grate system for approximately 18 years without a problem – according to their records. … Continue Reading
Slip and Fall into a 6 Foot Trench > City Construction Work
On behalf of Bougadis Law Professional Corporation posted in insurance law, municipality, personal injury, slip and fall on
Slip and fall or trip and fall injuries are common. Slip and fall injuries usually take place on ice and snow or other slippery surfaces, such as freshly waxed floors within buildings. Trip and falls usually take place over uneven surfaces, including construction zones or repair and maintenance situations.
In the Singer v. City of Hamilton (2007 Ontario Superior Court of Justice) a slip and fall involving a 78 year old woman, whereby she fell into a 6 foot trench, recently was heard by the Ontario Court of Appeal (here) and the appeal was dismissed.… Continue Reading
Slip and Fall Injury on Ice and Snow > Ontario Summary Judgment Motion Denied
On behalf of Bougadis Law Professional Corporation posted in insurance law, municipality, personal injury, slip and fall on
Our harsh Ontario winters still produce plenty of snow and ice which leads to many slip and fall accidents and injuries.
If you injure yourself in a slip and fall accident, where you fall is an important issue. If you fall on a City sidewalk, then you must immediately give written notice to the City of the particulars of your fall. It is also best for you to immediately consult with a personal injury lawyer to decide whether to start a lawsuit against the City and others.… Continue Reading
Serious Sport Injuries in Canada – Dying for the Love of the Game
On behalf of Bougadis Law Professional Corporation posted in hockey, homeowner's insurance, insurance law, personal injury, sports accident on
Serious sporting injuries and death, while infrequent, do occur within amateur sports in
Canada.
Rugby death in 2007. As widely reported (see yesterday’s Toronto Star article here), the 2007 sporting death of 15 year old Toronto high school rugby player Manny Castillo led to the criminal sentencing yesterday of the assailant (then 16 years old). The 16 year old who tangled with Mr. Castillo was initially charged criminally with aggravated assault and then later charged with manslaughter. He received a probationary sentence and other conditions but will not face jail time.… Continue Reading
Injured in a Car Accident > Medical Assessments > What are the Limits?
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, motion, motor vehicle accident, personal injury on
In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.
If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner. The purpose is to evaluate whether you are entitled to benefits.
If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading
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