<Motion to Amend the Statement of Claim> -The plaintiff can file a motion to amend his Statement of Claim regarding damages and liability under Rule 26. -The plaintiff’s general and special damages can be amended from $10M to $15M unless the prejudice would result even when it exceeds the defendant’s insurer coverage.
<Punitive Damages> The Plaintiff can also seek punitive damages in addition to pecuniary damages and non-pecuniary damages, if defendant’s impaired driving caused significant injuries in the MVA.What can be added in Plaintiff’s statement of claim: (a) The Defendant, Stephen Stuart drank excessively; (b) he was driving at an excessive speed while intoxicated; and (c) he … Read More
<Tort action in the workplace injuries> -An MVA insured person can elect to bring an action and claim benefits under s. 30 of the Workplace Safety and Insurance Act, 1997. -He can issue a Statement of Claim for tort action in a workplace injury against a Tortfeasor if he has a viable claim in meeting … Read More
<No Deduction of LTD Settlement by the automobile insurance> – May 13, 2022 The MVA client is a full-time employee who can have an access to his long-term disability benefits payable through his work insurance up to 66.67% of his monthly earnings (up to a $5,000 per month). MVA client’s disability benefits were denied and … Read More
Hutton v. The Manufacturers Life Insurance Company, 2019 ONSC 279 – The plaintiff, Ms. Hutton has sued the defendant Manufacturers Life Insurance Company for denial of Long Term Disability Benefits (LTD) under an insurance policy issued by the defendant contracted by the plaintiff’s employer, Quinte Health Care (“QHC”). However, the plaintiff was bound by the … Read More
-Anne Sacoolas was charged in the death of 19-year-old Harry Dunn in 2019, while she was a State Department employee. The police said she had been driving on the wrong side of the road… -In a statement, the State Department said that “the driver had diplomatic immunity because she was the spouse of an accredited … Read More
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