Posts Tagged: personal injury
Toronto Dog Attack: Motion to Dismiss Denied
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, homeowner's insurance, motion, personal injury, slip and fall on
The Issue: In Ontario, dog owners have responsibility to manage their dogs in public and to ensure the safety of other people, primarily by leashing and controlling their dogs while outdoors. There is legislation, called the Dog Owners’ Liability Act which imposes statutory responsibilities against owners.
Why This Matters
Dog owners should have a homeowner’s insurance policy which protects them if their dog bites or attacks someone or, inadvertently while playing with another dog, causes injury or frightens another person.
This Case Situation
In the case of Elbaum v.… Continue Reading
Motion for Refusing to Answer Questions at Examinations for Discovery: Factors to Consider
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, motor vehicle accident, personal injury on
In civil litigation, party litigants must proceed to the question-answer process of an Examination for Discovery, during which time many questions will be asked of a party.
The issue of whether you “must” or “have to” answer a specific question very frequently arises. Specifically, plaintiffs often wonder whether a series of questions improperly inquires about personal / intimate matters or whether the questions are off-base from the subject matter of the lawsuit. For example, many of my clients initially wonder “why are they asking me about that, aren’t we talking about how they caused this car accident?”.… Continue Reading
Caledonia Trip and Fall: Fractured Shoulder and Rotator Cuff Tear > $107,000
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, damages, municipality, personal injury, slip and fall on
The Issue: What are some of the problems you face when suing a city / municipality for a slip / trip and fall accident (i.e. uneven sidewalk)?
In Ontario, a trip and fall on a city sidewalk can be a difficult liability situation, so that often only quite serious injuries, resulting in significant loss and damage, are brought to Trial. Here, a married mother of two, employed as a hairdresser, suffered a serious shoulder fracture and rotator cuff tear as a result of stubbing / catching her toe on the lip of a concrete sidewalk slab that was sticking up higher than the adjoining slab: Grayling v.… Continue Reading
Homeowner’s vs Car Insurer > Subrogation Re: Ontario Car Accident
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, insurance law, personal injury on
The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.
What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading
Homeowner’s vs Car Insurer > Subrogation Re: Ontario Car Accident
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, insurance law, personal injury on
The Issue: With homeowner’s insurance, if you suffer property damage due to the negligence / fault of someone or their actions, then your homeowner’s insurance has the contractual right, in your insurance policy, to seek recovery of the monies they pay to fix your house from the negligent party; this is called subrogation.
What if your homeowner’s insurance forgets and fails to start a lawsuit, seeking reimbursement of their monies paid to fix your house, within the 2 year limitation period?… Continue Reading
Defence Medical Assessments from Rear-End Car Accident: How Many Do You Have to Attend?
On behalf of Bougadis Law Professional Corporation posted in court civil procedure, damages, motion, personal injury on
The Issue: One question many car accident victims have when they start a lawsuit is how many medical examinations they will have to submit to during the course of their lawsuit. The Rules of Civil Procedure allow for one medical assessment, with the defendant(s) having then to seek the plaintiff’s consent or a Court order for any further assessments. In reality, the Court will generally allow the defendant to match a plaintiff in terms of expert medical reports.
When can the defendant’s insurance company force you to undergo further defence medical examinations, when you’ve already been examined by their chosen psychiatrist and physiatrist?… Continue Reading
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1006-141 Adelaide St. W.
Toronto,
ON
M5H 3L5
Canada
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