<Contributory Negligence> MVA client’s spouse (Karen Brown) was awarded damages under s. 61 of the Family Law Act, R.S.O. 1990, c. F.3. However, certain damages can be reduced by 32.5 per cent or more if the jury found Mr. Brown (driver) to be contributorily negligent.

MVA that occurred as a result of damaged pavement on the highway – May 1, 2022

The client: “The car accident occurred in the area of highway and shoulder where the asphalt had broken away from the pavement.” Our Legal Services: “Ontario Provincial Police, although aware of the condition of the highway, did nothing to warn drivers as to unsafe condition.” Our Legal Services: “You can claim not only the accident … Read More

Claimant opted out of the WSIB benefits – May 1, 2022

The claimant was employed at the time of MVA and received Workers Safety Insurance Benefits (“WSIB”). And, subsequently, the claimant elected to opt out of the WSIB benefits and instead elected to pursue (a) a lawsuit (“tort action”) against the unidentified driver. Under s.61 of the SABS, if a claimant makes an election under the … Read More

Crash at Orange County intersection – Apr. 26, 2022

– The potential testimony for the driver’s criminal negligence could unfold in a criminal context. – In a civil context, the deceased’s Estate could claim death benefits. https://www.clickorlando.com/traffic/2022/04/17/crash-at-orange-county-intersection-kills-1-seriously-injures-another-fhp-says/?__vfz=medium%3Dsharebar

– April 20, 2022

Intact Insurance: Can you tell me why your MVA client is only seeking acupuncture therapies vs. other traditional facility based treatments? Our Legal Services: The trend is that MVA clients can choose whatever physical treatments work best for their future recovery. Intact Insurance: Thank you for providing this explanation. It makes sense to me. We … Read More

<Translation Services for s.25 assessments> -Be mindful that translation services for chronic pain assessment for your MVA client, in general, are not to go over $200.00. -Certas Insurance approved the Orthopaedic Assessment for $2,400.00 ($200 for documentation fees and the other $200 for translation).

<Negotiations with an opposing counsel in employment law> Continue to negotiate with the opposing counsel representing your client’s employer and always push forward for settlement if it is clear there is a legitimate claim for constructive dismissal, claims under Ontario Human Rights Code and Occupation Health and Safety Act.