Toronto Personal Injury Law Blog
Seeking Protection from Your Insurance Policy > Duty to Defend Evaluated
On behalf of Bougadis Law Professional Corporation posted in coverage and duty to defend, insurance law, motion on
The Issue
When should an insurance company respond to protect their insured? If a company is asked to produce extensive records to the Ministry of Environment regarding land they formerly owned – which would cost millions of dollars to search and provide those records – can this company seek the protection of their insurance company for these costs? What if the company complies willingly with the MOE request? Does that make a difference as to whether they are protected by their insurance policy?… Continue Reading2012 Information Exchange with Bureau of Justice Delegation from Hangzhou Province, China
On behalf of Bougadis Law Professional Corporation posted in news & events on
On Thursday, September 6, 2012, we were honoured to host an interesting and productive meeting with the Bureau of Justice delegation from Hangzhou Province for an exchange of information about the respective legal systems of Canada and of China.
The delegation from China (L to R in photo): Mr..Jinlin He, Mr. Dingfu Sun, Mr. Min Wei, Mr. Gregory Chang, Mr. Jianguo Lu, Ms. Hongmei Lu and Mr. Guoming Shen.
Mr. Min Wei, Deputy Director of Hangzhou Municipal Bureau of Justice; Mr.… Continue ReadingPoorly Maintained Road Caused Your Car Accident? Notify the City Immediately…To Protect Your Right to Sue
On behalf of Bougadis Law Professional Corporation posted in Car Accidents on
The Issue
A poorly maintained road – like a pothole, poor lighting, unmarked curves – leads to your car accident You are badly hurt and then sue to claim damages for your losses You do not give the municipality, who you allege maintained the road badly, with early notice of your accident, injury and losses You instead wait almost two years to sue, then serve your Statement of Claim upon the municipality Are you allowed to maintain your claim, when the Municipal Act, 2001 S.O.… Continue ReadingOntario Car Accident: Qualifying for Attendant Care Benefits is More Difficult Now
On behalf of Bougadis Law Professional Corporation posted in Car Accidents on
The Issue
Ontario’s SABS (Statutory Accident Benefits Schedule) have continued to change and evolve, to limit insurance payouts arising from car accidents One of the changes on September 1, 2010 was to attendant care benefits Now a relative, unemployed prior to the accident, may not qualify for payment for their attendant care services The reason is that the relative has to show that s/he has “sustained an economic loss as a result of providing the goods or services” to the injured person
Since 1990, the automobile no-fault accident benefits insurance scheme in Ontario has been revised on an almost continuous basis with the stated purpose by the insurance industry to maintain some limits on insurance costs.… Continue Reading
Forced by Your Insurer to Undergo a Vocational Assessment > Your Accident Lawsuit
On behalf of Bougadis Law Professional Corporation posted in insurance law on
The Issue
You are injured in an accident and sue. An insurance company defends your lawsuit What types of assessments can the opposing insurance company force you to attend, in your lawsuit? Can they force you to see a vocational assessor (i.e. not a medical doctor), who will assess your present and future abilities to work?Rule 33 of the Rules of Civil Procedure and the Courts of Justice Act allow a defendant to conduct an assessment of a plaintiff. Specifically, section 105(2) of the Courts of Justice Actstates:
Where the physical or mental condition of a party to a proceeding is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health practitioners (italics added).… Continue Reading
Hurt? Notify The City Of Your Injury Claim Immediately… Or Risk the Loss of Your Right to Sue
On behalf of Bougadis Law Professional Corporation posted in personal injury on
The Issue
You lose your right to sue a city / municipality if you file to notify them very quickly of your injury. If you fail to notify within 10 days, then do you have a “reasonable excuse” for being late? What is a “reasonable excuse”?The Municipal Act requires that written notice must be provided to the municipality by registered mail within 10 days of an accident; failing which a person cannot commence a lawsuit.
Sections 44(10) and 44(12) of the Municipal Act read as follows:
s.… Continue Reading
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