Toronto Personal Injury Law Blog

The Issue: With multiple defendants, one of whom was not easy to locate and was not served, the lawsuit moved forward.

Then with further developments, it became important to locate and serve the ‘missing’ defendant, 6 years after the car accident.

Can a plaintiff obtain an extension of time (from the usual 6 months) to serve the Statement of Claim, to 4 years after the Statement of Claim was issued?

This Case Situation

A pedestrian died after being hit multiple times by various motor vehicles on the QEW near the City of Burlington.… Continue Reading

In March 2013, a teenager was driving a 2009 Acura SUV in an easterly direction on Lake Shore Boulevard East in Toronto when his vehicle went out of control, crossed over three lanes of traffic, took out a guard rail and plunged its five teenage occupants into the Don River. One of the occupants, 16, was under water for about a half-hour. After police divers and Toronto fire fighters were able to free the teenager, he was transported to St. Michael’s Hospital but died about five hours later.… Continue Reading

The Issue: Sometimes after an Ontario car accident, insurers fight each other over who is “responsible” for paying the injured person(s) Accident Benefits claims.

The Background

This is not usually a concern of those in car accidents, but it is interesting to consider some of the background dealings that arise from car accidents.

With car accidents in Ontario, the people involved usually have an entitlement to Accident Benefits regardless of fault – i.e. the driver who caused the accident is usually entitled to the same level of benefits as the innocent victim.… Continue Reading

The Issue: Can a husband, not involved in the car accident nor present at the crash site, develop PTSD as a result of the shock and emotional upset of his wife being involved in this very serious accident and dying shortly thereafter from her injuries?

Can that husband add the PTSD claim to his Statement of Claim, by amendment, some 3.5 years after the car accident?

Why This Matters

When a person is involved in a car accident, it is a common sequelae for many victims in Ontario to suffer from emotional anxiety and distress and, in the course of seeking medical treatment, a diagnosis of PTSD (post traumatic stress disorder) is fairly common.… Continue Reading

An Ontario Provincial Police officer died when the vehicle that he was driving was hit by a semi-truck. Now, the truck driver is facing criminal charges due to the fatal accident. His court date is scheduled for July 3.

The collision occurred on Feb. 13 on Highway 17 near Blind River. Allegedly, the accident occurred when the 36-year-old constable’s SUV was hit by the semi-truck. The constable had worked with the OPP detachment unit approximately 12 years at the time of his death.… Continue Reading

The Issue: In this interesting case, the plaintiff driver hit another car from behind. She sued her own insurance company, alleging that another vehicle, whose identity she does not have, drove dangerously in front or beside her, causing her to take avoidance maneuvers and thereby hit the car in front of her: Chmielewski v Pishchak, 2014 CanLII 7592 (ON SC)

This summary judgment motion, brought by the insurer responding to this unidentified driver claim, was based upon the provisions related to Ontario’s insurance coverage regarding unidentified vehicles – the OAP-1 and the OPCF R44.… Continue Reading