Toronto Personal Injury Law Blog

Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response to one of their reader’s questions last Saturday, July 11, 2009.  The article is here and also in PDF format.

In Ontario, car buyers should review the Sale of Goods Act when dealing with new car and used car purchase and sale contractual disputes.

If the buyer here had felt that his/her case was strong, a lawsuit could have been started in Small Claims Court. … Continue Reading

Some of Ontario’s laws are attempting to make car and road use safer in our province. Changes include the prohibition of cell phone use while driving and prohibition of smoking in a car with minors present.

Most recent are the changes in Ontario’s Highway Traffic Act, which has imposed speed limiters upon all tractor trailers operating in the province.

Speed limiters prevent tractor trailers and other large commercial vehicles from exceeding 105 km/hr.

The speed limiter law is found in s.68.1 of the Highway Traffic Act as well as the accompanying Regulation.… Continue Reading

Serious sporting injuries and death, while infrequent, do occur within amateur sports in
Canada.

Rugby death in 2007.  As widely reported (see yesterday’s Toronto Star article here), the 2007 sporting death of 15 year old Toronto high school rugby player Manny Castillo led to the criminal sentencing yesterday of the assailant (then 16 years old).  The 16 year old who tangled with Mr. Castillo was initially charged criminally with aggravated assault and then later charged with manslaughter.  He received a probationary sentence and other conditions but will not face jail time.… Continue Reading

Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response to one of their reader’s questions last Saturday, June 27, 2009.  The article is hereand also in PDF format.

The term “lemon car” refers to legislation in various US states that specifically deal with when a new car is deficient and needs to be replaced/refunded by the manufacturer.  The legislation differs from US state to state, but in essence their laws try to set up objective standards (i.e.… Continue Reading

Assume that you have LTD (long term disability) insurance coverage available to you.

What happens when you become sick and cannot work anymore?  What if you apply to your LTD policy for coverage and are denied?  What if you must fight your insurance company in Court to seek payment and benefits under your insurance policy?

To fight your insurance company, are you required to start a lawsuit and follow through all the usual steps in litigation – including disclosure and exchange of your relevant documents; Examinations for Discovery of all parties; and attending at defence medical assessmentsrequested by the insurance company?… Continue Reading

In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.

If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner.  The purpose is to evaluate whether you are entitled to benefits.

If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading