<Causation Issue and Damages to be sought in Tort> -Initially, there was the issue of causation as the defendant denied liability and argued that the injuries of which the plaintiff was complaining were unrelated to the accident. -But, the plaintiff’s injuries of subscapularis tendon have progressed over time to a full tear. -Eventually, the plaintiff’s … Read More
-If your client is a unionized employee and his LTD was denied by the Sun Life Assurance, it is necessary to review the Collective Agreement, the Administrative Services Contract, the Benefit Booklet and the correspondence from Sun Life. -In general, the disputes of determination of your client (unionized employee)’s entitlement to LTD, is within the … Read More
<Tort Threshold> -In MVA Tort action, it is critical for your MVA clients to understand whether or not there is sufficient medical evidence to have a reasonable chance of persuading a judge that he/she had sustained an injury that met the requirements of s. 267.5(5) of the Insurance Act. -267.5 of the Insurance Act relates … Read More
<Concussion – Out of MIG under the SABS> Our Legal Services argued that our client did not suffer a minor injury, because the accident left him with a concussion. Therefore, since a concussion is a brain injury, and brain injuries fall outside of the MIG. Our Legal Services has produced the clinical notes and records of our client’s … Read More
<Motor Vehicle Accident with the “unidentified automobile”> The Plaintiff’s claim is that he was hit by a car while he was crossing the street. He did not ask the driver for his name or for any other information. The Economical Insurance paid his statutory accident benefits, without challenging his entitlement to them. However, the same … Read More
<Arbitrator for a Unionized Employee> If a plaintiff is a unionized employee, the court may not have jurisdiction for determining denied long-term disability (“LTD”) benefits. It shall be within the exclusive jurisdiction of the arbitrator, if he was eligible for LTD under the terms of the Collective Agreement.
<Recourses for Being Unable to Return to Work> Sometimes our Legal Services receives the following calls: “What will be the recourse if I am too ill to go back to work?” 1. Contact your HR/Payroll Department and ask for a sick leave.2. Find out if you have short-term disability benefits from your employer. 3. Apply … Read More
<Vicarious Liability in Tort> If the defendant was in the course of his employment, when he struck the plaintiff’s vehicle, can the plaintiff also sue the defendant’s employer for Tort? –> The defendant’s employer can be sued as it was vicariously liable for his employee’s wrongful actions. However, under s. 277(1) of the Insurance Act, … Read More
<How does Pierringer Agreement apply in the context of civil action?> –>When the plaintiff enters into a settlement agreement with some of the defendants resolving his claim, it releases those defendants from liability to the plaintiff. Pierringer Agreements allow the removal of a settling Defendant from an action and the plaintiff can continue to proceed … Read More
<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.
PO Box 15306 Queensway High PO, Toronto ON M8Y 0B4
Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
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