Rule 9(4) of the Fault Determination Rules(R.R.O. 1990, REGULATION 668) of Insurance Act

If only automobile “C” is in motion when the incident occurs, (a)   in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and (b)   in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 … Read More

I was involved in a multi-vehicle accident. How does the Fault Determination Rule apply?

State Farm Mutual Automobile Insurance Company v. Old Republic Insurance Company of Canada, 2014 ONSC 3887 -On November 8, 2007, there was a multi-vehicle accident at the intersection of Mavis Road and Eglinton Avenue in Mississauga. -Bradley Flewelling was the driver of a truck owned by Pepsi Bottling Company and insured by Old Republic Insurance. … Read More

<thelegalservices.org/toronto/lawyer> Mateluna v. Scottish & York, 2022 ONLAT 20-001965/AABS The applicant should discharge her evidentiary onus in establishing that she is entitled to treatment outside the Minor Injury Guideline. If s.25 Psychological Report diagnoses the applicant with adjustment disorder and specific phobia, the report is supposed to be linked to any objective medical evidence provided … Read More

British family whose son was killed in crash files U.S. lawsuit against wife of American official – from Washington Post

LONDON — The family of Harry Dunn, the 19-year-old motorcyclist killed by a car driven on the wrong side of an English roadway by the wife of a U.S. official, filed a U.S. federal lawsuit against the driver, Anne Sacoolas, on Wednesday. The lawsuit, which claims wrongful death and seeks financial damages, represents a significant … Read More

Applicant’s both NEBs and IRBs can be advanced to the Tribunal.

16-000063 v Dominion of Canada General Insurance Company, 2016 CanLII 67139 Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508 Toresho v. Primmum Insurance Company, 2015 ONSC 516 -Under s.35 (1) of the SABS, the Applicant was entitled to notice from the insurer to elect the benefit she wished to receive. -The Application for … Read More

Challenges to Workplace Vaccine Mandate Moved to Appeals Court in Cincinnati – from New York Times

-WASHINGTON — A federal judicial panel on Tuesday assigned the appeals court in Cincinnati to handle at least 34 lawsuits that have been filed around the country challenging the Biden administration’s attempt to mandate that large employers require their workers to get vaccinated against the coronavirus or submit to weekly testing. https://www.nytimes.com/2021/11/16/us/politics/biden-vaccine-mandate-osha-ohio.html

Statutory accident benefits settlement amounts are deductible from tort awards

<Mikolic v. Tanguay 2016 ONSC 71> -This case represents no double recovery is allowed in the motor vehicle tort awards. -S.267.8 of the Insurance Act was enacted for the purpose of eliminating double recovery in the tort recovery. -The trial judge declined to deduct the statutory accident benefits settlement amount accepted by the plaintiff for … Read More

Texas lawyer files lawsuit against Travis Scott following deadly Astroworld music festival

– Thomas J. Henry(Lawyer from Austin, Texas) has filed a $1 million lawsuit representing Austin victims against Travis Scott, Live Nation and NRG Stadium. This lawsuit was followed by the deadly Astroworld music festival back on Nov. 5, 2021. -It was claimed that the victims were “knocked” to the ground and “trampled” during a crowd … Read More

Two-year limitation did not run from the date of death of the plaintiff.

Camarata, Personally and as Executor and Trustee of the Estate of Camarata, Deceased, et al. v. Morgan et al. (Court of Appeal for Ontario, Doherty, Weiler and MacFarland JJ.A. January 19, 2009) – The deceased sustained serious injuries when he was struck by a fire truck, and died several months later. -The deceased’s estate commenced … Read More