Ontario Regulation 381/03 states comprehensive definitions and procedures that must be followed for determining whether or not the plaintiff’s threshold has been met. “Permanent serious impairment of an important physical, mental or psychological function” means impairment of a person that meets the criteria set out in section 4.2. 4.2 (1) A person suffers from … Read More
S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action. In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment … Read More
-The purpose of s.267.8 is to avoid duplication, or double recovery, in a tort award by allowing the defendants to deduct payments of various types and purposes from tort awards which contain the same or similar heads of damage. -The defendant is entitled to a proper deduction with respect to any income loss claim made … Read More
– In accidents involving two or more insured automobiles, an insured is entitled to recover for the damages to the insured’s automobile and its contents and for loss of use from the insured’s insurer under s.263(2) of the Insurance Act. -The objective of the regime contemplated by section 263 of the Insurance Act is to … Read More
<Causation Issue in Tort of the Motor Vehicle Accident> – We agreed that if caused by the relevant motor vehicle accident, the plaintiff’s chronic low back pain constitutes a “permanent serious impairment of an important physical, mental or psychological function”, within the meaning of ss.267.5(3) and 267.5(5) of the Insurance Act. – Following our investigation of the totality of medical evidence, motor vehicle accident was relatively modest … 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
<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
<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
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
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Fax: 416-391-6062
Email: ariel@legalservices.one
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