Ever since Ontario introduced its “no fault” auto insurance regime in 1990, s. 263 of the Insurance Act has barred claims for recovery of damages to an insured’s automobile, to its contents and for loss of use against anyone other than the insured’s insurer.
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
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
– 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
Actor Johnny Depp, testifying in a defamation case against his former wife Amber Heard, said on Wednesday that she was the one who became violent in their relationship and that her false accusations cost him “nothing less than everything.” In a second day on the witness stand in a Virginia courtroom, Depp said the couple … Read More
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.
Our Legal Services just finished consultation with other well-known multidisciplinary clinics again for referral of s.25 psych and chronic pain assessments under the Insurance Act. It was such a productive day after a long weekend!
PO Box 15306 Queensway High PO, Toronto ON M8Y 0B4
Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
© Ariel Baek Legal Services
