Toronto Personal Injury Law Blog

Litigation arising from a motor vehicle accident tends to be difficult for all parties involved, particularly with the stress of a lawsuit ‘hanging’ over your life. Sometimes you just wish that the other side would ‘see the light’, be reasonable and agree to resolve the lawsuit.

In some instances, litigation becomes fairly heated between the parties and counsel involved, so that both sides are simply not prepared to negotiate or compromise any further. The limit has been reached and there is no sense in more discussion.… Continue Reading

Hamilton police and firefighters say that five people were sent to hospitals after a head-on accident on March 23. The motor vehicle accident, which involved a car and an SUV, took place on Wilson Street near Alberton Road at about 12:30 p.m.

Officials did not give any details as to how the accident happened, but the section of road was shut down while the collision reconstruction unit investigated the scene and cleanup crews cleared the wreckage. They are still trying to determine if alcohol or speed contributed to the car accident.… Continue Reading

York Regional Police say that three vehicles were involved in an accident on 14th Avenue, resulting in the death of a 61-year-old woman. The fatal accident occurred just west of Ninth Line after 11 a.m. on March 12, resulting in the road and surrounding streets being closed for several hours while authorities investigated the scene.

According to a preliminary investigation, one vehicle spun out of control due to poor road conditions, causing it to strike another. Police say that three vehicles were involved in the car accident, and the snow-covered road was a factor in the collision.… Continue Reading

This follows our March 9, 2011 blog wherein we commented upon the deduction allowed for income replacement benefits (“IRB”), in the 2011 Ontario Superior Court of Justice case of Sutherland v. Gurmeet Singh.

From an insurer / defence perspective, the Sutherland decision properly addresses the purpose of Ontario’s Insurance Act (including Section 258.3), which is to require claims for injury and loss arising from car accidents to undergo the rigour and testing of the Accident Benefits regime, which then carries forward into the tort lawsuit.… Continue Reading

A sad case arising from a car and motorcycle accident in Aurora, in which the motorcycle crossed the centre median and violently crashed head-on with a car, killing the front seat car passenger and injuring the car driver; the motorcyclist died at the scene. To complicate matters, the motorcyclist was driving without valid insurance coverage.

The damages claims of the car driver and car passenger were resolved, but on the issue of liability, the question remained as to whether the other two motorcyclists riding close to the offending motorcyclist were, in part, responsible for causing or contributing to this accident:Mallory v.… Continue Reading

A good case for personal injury practitioners to review, as illustration of some of the complexities involved with claiming negligence (from a motor vehicle accident) against a municipality for failure to properly maintain their roads, including breaches of the Municipal Act, 2001 regulation, the Minimum Maintenance Standards for Municipal Highways: McLeod v. General Motors of Canada Limited et al., 2014 ONSC 134 (CanLII).

Justice Leach provides an extremely detailed and lengthy analysis of this action, in which a young adult female, alone in the car, drove off a quiet dirt and gravel road and suffered serious injuries as a result.… Continue Reading