Toronto Personal Injury Law Blog

Ontario’s Countering Distracted Driving and Promoting Green Transportation Act, 2009 is expected to come into effect in the Fall, 2009 and through amendments to Ontario’s Highway Traffic Act, will prohibit Ontario drivers from using their cellphone, blackberries or other electronic gadgets while driving.  The goal is to have Ontario drivers focus on driving and avoid other distractions.

The penalties are outlined in the Ontario government’s news release, including six (6) demerit points and a $1,000 fine.

From an insurance and personal injury lawsuit standpoint, this legislative change confirms that drivers are responsible for ensuring that they maximize their attention to the roadway to avoid accidents. … Continue Reading

Case Comment – Morgan v. Saquing (2009 Ontario Superior Court)

Following up on our recent blog entry on another settlement situation, this case provides an illustration of an apparent settlement of a lawsuit which went awry.  This was a motion to enforce the settlement, pursuant to Rule 49.09 of Ontario Rules of Civil Procedure.

The plaintiff appeared to settle his 2002 car accident, and also his LTD (long-term disability) lawsuit, at mediation.  The LTD aspect was settled for $35,000 and the car accident appeared to settle for $55,000. … Continue Reading

Advancing the rights of creditors generates a significant amount of litigation. This is especially true in the case of unsecured creditors. A creditor is unsecured if he or she is:

It is often that a creditor successfully sues a debtor and obtains judgment in his or her favour. The problem then turns to enforcement: how can a creditor locate the debtor’s assets in order to satisfy the judgment?… Continue Reading

Case Comment – Wasyliuk v. Osipau (2009 Ontario Superior Court)

The plaintiff was rear-ended in a car accident and received some Accident Benefits afterwards.  His was not an active claim and approximately 20 months after the accident (before he retained a lawyer) he met with the opposing side’s tort insurance adjuster, signed a Full and Final Release settling his claim and accepted $4,657.92 as settlement of his claim.

By settling, the plaintiff presumably was giving up his right to sue for damages, before actually starting a lawsuit, in exchange for an early settlement.… Continue Reading

Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)

This new Bill 198 threshold case found that the plaintiff did not meet the threshold.  Brown, J. found there to be various credibility problems associated with the plaintiff.  This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.

The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.

Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold. … Continue Reading

As a current Vice-President of CASAL, I am pleased to announce our upcoming gala on May 29, 2009.

CASAL’s guest speaker will be The Honourable Chris Bentley, the Attorney General of Ontario.  The department of the Attorney General oversees Ontario’s justice system and we are honoured to have Attorney General Bentley join us.

For more information on Mr. Bentley, visit his Wikipedia page, the Toronto Star, the Law Times and related information.
Joga Chahal
Toronto Insurance Litigation Lawyer… Continue Reading