Toronto Personal Injury Law Blog

Recently in the Toronto area, there have been rash of pedestrian deaths and this has captured some of the media spotlight.

We remind readers that the issue is not that there are approximately 30 pedestrian deaths per year. The issue is that approximately 2,300 people are injured as pedestrians every year in the Toronto area.

2,300 injured pedestrians per year.

What would it cost most drivers to avoid an accident? The inconvenience of slowing down by taking your foot off the accelerator or depressing your brakes?… Continue Reading

See our February, 2010 e-newsletter for an update on the new Ontario rules governing civil procedure of lawsuits.… Continue Reading

The most common injury for those involved in car accidents are soft tissue injuries – i.e. neck pain, shoulder pain, back pain, headaches, insomnia (inability to sleep), anxiety, depression and emotional problems – for which an objective cause cannot be definitively identified.

Typically, soft tissue injuries are distinguished from “objective” injuries, such as a broken bone or torn ligament (which can be seen on an x-ray, MRI or CT scan).

Soft tissue injuries rely on the subjective history and complaints of a patient. … Continue Reading

The rules governing the way civil lawsuits are conducted in Ontario have changed – see January 25, 2010 blog and March 11, 2009 blog.

For lawsuits which seek more than $25,000, one of the most significant changes is to the rule governing summary judgment motions.

A “summary judgment motion” is an early Court attendance where one party tries to end the lawsuit very early, before Trial, on the basis that the case is so strong in their favour that they can show that they should and almost certainly will succeed at Trial.… Continue Reading

Ontario has changed some of its rules governing the way that lawsuits are conducted, to allow people to get to Court and have their Trial heard faster. Readers can find some background in our previous blog – March 11, 2009 blog.

Some of the changes regarding lawsuits in Ontario include:

• Ontario’s Small Claims Court can now deal with civil lawsuits up to $25,000 in value (formerly $10,000) per Reg 626/00 of the Courts of Justice Act;

Ontario’s Rules of Civil Procedure for civil lawsuits seeking more than $25,000 has been changed significantly, including
• “simple” lawsuits conducted under the Simplified Rules structure can now seek up to $100,000 in damages (formerly $50,000);
• Steps within the lawsuit, including production of documents relevant to the lawsuit, Examinations for Discovery of parties and Court motions to resolve disputes, are revised to make the lawsuit proceed faster;
• Attempts to end the lawsuit quickly – in the form of a Summary Judgment motion – are assisted with modified rules; and
• Preparing for Trial to avoid delays and to have the lawsuit proceed faster have also been implemented.… Continue Reading

Life insurance proceeds can be paid out either by way of beneficiaries designated on the life insurance policy itself or, if no beneficiary is listed, through the deceased’s Estate (i.e. through the Will of the deceased).

What happens when two different people claim to be the beneficiaries of a $250,000 life insurance policy, one of which can only produce an alleged photocopy of a “new” change of beneficiary form that was not filed with the insurer at the time of the alleged change?… Continue Reading