Posts Tagged: personal injury
Personal Injury Lawsuits Always Seek Out Insurance Coverage > Use and Operation of a Motor Vehicle
On behalf of Bougadis Law Professional Corporation posted in coverage and duty to defend, motion, motor vehicle accident, personal injury on
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
Bill 198 Threshold Case > Housekeeping Not Subject to Threshold
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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
Was the Cyclist at Fault? Not Necessarily…
On behalf of Bougadis Law Professional Corporation posted in motor vehicle accident, personal injury on
A great question found in the helpful pages of the Toronto Star’s Wheels section this past weekend:
Who is responsible for the accident when a left-turning vehicle at a lighted
intersection hits a cyclist proceeding in the opposite direction on the green?
Contrary to some other opinions expressed, my view is that liability for this accident is not clear cut.
Keep in mind that there is a significant difference between the function of a police officer attending at the scene of a motor vehicle accident and the eventual determination of liability in a civil lawsuit (i.e.… Continue Reading
Ontario Lawyers to Become More Expensive (Ontario’s PST Merging with the GST)?
On behalf of Bougadis Law Professional Corporation posted in damages, miscellany, personal injury on
The idea of merging Ontario’s PST (provincial sales tax – currently 8%) with Canada’s federal government GST (general sales tax – currently 5%) took one further step forward yesterday with speculation that this measure might be introduced as a part of tomorrow’s Ontario budget announcement.
A merger of the PST to the GST would likely affect legal fees – i.e. increase the cost of legal services to the Ontario consumer.
Currently, PST is not charged on Ontario legal fees.… Continue Reading
Woman’s Injury is $105,000 but Case Lost on Liability > Plaintiff Must Pay $13,000 in Legal Costs to Defendant
On behalf of Bougadis Law Professional Corporation posted in personal injury, slip and fall on
Absence of Maintenance Records to Prove Snow and Ice Removal > Defendant Still Successful in Lawsuit
Case Comment – Coulson v. Hamilton (City), (2008 Ontario Superior Court of Justice)
The 68 year old female plaintiff slipped in February, 2003 on what she said was black ice, suffering injury. At Trial only liability was argued, as damages were agreed upon by the parties to be $105,000. The action was started against the City of Hamilton and the property owner fronting the subject sidewalk; the action was dismissed against the City prior to the Trial and the Trial was against the property owner only.… Continue Reading
Bill 59 Threshold > Chronic Pain Syndrome; Regular Work Hours Notwithstanding, Plaintiff Meets Test
On behalf of Bougadis Law Professional Corporation posted in damages, motor vehicle accident, personal injury on
Case Comment – Rio v. Lawrence (2009 Ont. S.C.)
This is an interesting read for lawyers who practice personal injury law in Ontario. It is another case recently interpreting the Bill 59 threshold for pain and suffering damages. For background, please see our March 4, 2009 entry.
This is a decision of Mr. Justice Gans of the Ontario Superior Court of Justice. This accident occurred on October 5, 2001, approximately 7 years prior to the Trial. The Jury awarded $22,500 for pain and suffering damages (prior to the application of the $15,000 deductible) and $1,900 for income loss.… Continue Reading
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