Toronto Personal Injury Law Blog

See our March, 2010 e-newsletter for an update of the anticipated changes to Ontario’s car insurance regime regarding Accident Benefits.… Continue Reading

As another illustration of the cost of lawsuits, the recent case of Hayden v. Stevenson (2010 Ontario Superior Court of Justice) awarded $400,000 in legal costs (approximately $300,000 for fees and $100,000 for disbursements) to the successful plaintiff in a personal injury lawsuit. The plaintiff was a young man who was hoping to be a mechanic prior to the accident. As a result of the accident, he suffered from back pain, anxiety, depression and sleep problems. After the accident, he did not complete his co-op program in the automobile field, due to pain and fatigue.… Continue Reading

You are hurt in a car accident and, in fairly typical fashion, your adult kids are named as Family Law Act plaintiffs in your lawsuit.  That is, your kids are making a (normally minor) claim indicating that they have also suffered loss arising from your accident, typically termed loss of care, guidance and companionship.

During the litigation and on the eve of Trial, your kids decide to abandon their claim for damages – because their claim overall may not be particularly significant for a host of reasons.… Continue Reading

You were hurt in a car accident and sue the other driver.  What happens if the other driver has an insurance policy but, during the course of your lawsuit, the other driver’s insurance company denies coverage – i.e. refuses to defend or indemnify (protect) the other driver in the lawsuit?  What happens if other driver does not have assets – like a house or steady job?

This is not an uncommon situation.  Frequently, insurers have reason to deny their insured – see Section 5 of the Ontario Automobile Policy for a reference – which leads the insurer to add themselves as a statutory third party to the lawsuit.… Continue Reading

The cost of lawsuits in Ontario is always a concern for potential litigants. We often are asked, “How much will my legal fees / costs be and how can I afford them?”

The recent case of Mathieson v. Scotia Capital Inc. (2010 Ontario Superior Court of Justice) provides an illustration of how an 8 day Trial of a wrongful dismissal action led to $280,000 of legal fees and expenses being awarded. The actual Trial decision (Nov/2009) is found here.

The 58 year old plaintiff was a senior employee in the investment banking group, having worked for 30 years prior to termination.… Continue Reading

Our thanks to Mr. Eric Lai of the Toronto Star’s Wheels section for allowing us to participate last weekend in his article, in the form of an ethics test.… Continue Reading