Toronto Personal Injury Law Blog

Death of a Spouse by Car Accident > Can Surviving Spouse Receive a “Dependent Benefit” and also the Spousal Death Benefit?

If your spouse dies in an Ontario car accident, you may be entitled to the $25,000 Spousal Death Benefits pursuant to Section 25 of theStatutory Accident Benefits Schedule (“SABS”),

If you receive the spousal death benefit, can you also receive a $10,000 “dependent benefit” pursuant to Section 25(2)2 of the SABS?

We think the answer is “yes”, if you can prove that you were dependent on your deceased spouse.

There do not appear to be any decisions at the Financial Services Commission of Ontario (“FSCO”) or case law dealing with the current wording of the legislation. … Continue Reading

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Wrongful Dismissal > A Litigious Employer Has Their Day in Court > Canac Kitchens (Kohler)

During difficult economic times, issues regarding dismissals and layoffs are frequent questions from both employers and employees alike.

One interesting recent example of this issue is that of Canac Kitchens Inc. (also Kohler Canada Ltd.) arising from their closure of their Canadian manufacturing operation in the Spring, 2008.  Various employees were dismissed and many started lawsuits against their employer.  Many of these lawsuits proceeded to a Judgment, including the following non-exhaustive list:

Cardenas v. Kohler Canada Co.; Correia v. Kohler Ltd.Continue Reading

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FCCP – Federation of Chinese Canadian Professionals Annual Ball

The Federation of Chinese Canadian Professionals is having its Annual Ball on May 16, 2009.

We are pleased to present Mr. Tony Wong, of the Toronto Star’s Business section, as the guest speaker.

We will keep you updated as to future events, particularly relating to the FCCP’s Education Foundation, which has awarded over $600,000 in student scholarships and $100,000 in students loans.

Gregory Chang
Toronto Insurance Litigation Lawyer… Continue Reading

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Law Society – Immigration Panel Discussion

On May 5, 2009, the Federation of Asian Canadian Lawyers (FACL) is proud to be one of several organizations involved with hosting apublic forum on immigration issues and trends, in celebration of Asian and South Asian Heritage Month in Ontario, as presented by the Law Society of Upper Canada.  Various organizations have come together to host this forum to share information on immigration and diversity issues affecting our communities.

The reception and forum is open to the public and admission is free; registration in advance is required.… Continue Reading

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Personal Injury Lawsuits Always Seek Out Insurance Coverage > Use and Operation of a Motor Vehicle

Case Comment – Russo v. John Doe (2009 Ontario Court of Appeal) affirming Russo v. John Doe (2008 Ontario Superior Court)

Every personal injury lawsuit seeks out an insurance policy which covers the defendant(s) to the lawsuit.  As a result, there have been many cases which seek clarification of whether their specific circumstance fits under the wording of a motor vehicle’s insurance policy, including whether the accident arose out of “use and operation” of a motor vehicle.

In this sad and widely reported situation on April 24, 2004, Ms.… Continue Reading

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Drunk Driving Can Mean No Insurance Coverage > But Your Insurance Company Must Deny You in a Timely Fashion

Case Comment – Logel Estate v. Wawanesa Mutual Insurance Company (2009 Ontario Court of Appeal) upholding Buck v. Wawanesa Mutual Insurance Company (2008 Ontario Superior Court)

Being in a car accident, while driving under the influence of alcohol, can lead to a denial of your insurance policy coverage.  The other party may still sue you and have access to the statutory minimum of $200,000 in coverage, but you (as the drunk driver) may not have any protection from your insurance policy.… Continue Reading