<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.
<HST for s.7 IRB Reports> Since the SABS under Insurance Act was amended, Intact Insurance has agreed to pay HST (Harmonized Sales Tax) for s.7 preparation of Income Replacement Report. -Subtotal for IRB report: $2,489.83-HST: $323.68-Total Payment by the insurer: $2,813.51 Under the Regulation, the insurance company is liable for paying HST in addition to … Read More
<Brief procedure for a defamation lawsuit> Determine if any contents in dispute are defamatory and order to have them deleted for libel lawsuit. 2. Determine monetary damages – pecuniary and non-pecuniary damages such as wage losses, pain and suffering if any of those are believed to have been sustained. 3. Seriously consider if any of … Read More
<IRB to continue to be paid> When one of our MVA clients is out of the country, our Legal Services tries everything we can to accommodate his personal situations and ensure he continue his physical, psych treatments in the foreign country under s.57 of the SABS to ensure his income benefit payment continue. And, we … Read More
<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
<The uninsured at-fault driver in MVA case> The tortfeasor could also be the uninsured at-fault driver in MVA case. After obtaining judgment at the end, the insured can demand payment from his insurance company under the uninsured coverage of the contract of insurance. Should there be any insurer’s refusal to pay for the insured’s sustained … Read More
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Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
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