-The plaintiff, who was diagnosed as suffering from Chronic Fatigue Syndrome (“CFS”), brought an action against the insurer he was entitled to long-term disability benefits under the disability insurance policy issued by the defendant, and for punitive and aggravated damages. -The defendant did not dispute the diagnosis of CFS but took the position that the … Read More
The threshold exceptions for litigation created by s.267.5(3) and 267.5(5) of the Insurance Act, supra, each effectively incorporates a causation requirement. In particular, the exceptions do not apply unless the specified impairments exist or occur “as a result of the use or operation of the automobile”. Demonstration of causation therefore is included in the elements a plaintiff must establish to satisfy the threshold for … 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 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
<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
<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
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
<Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508> –>The applicant’s return to work still renders him eligible for NEBs. –>Motion judge dismissed the action for NEBs but plaintiff’s appeal for the same was allowed.
– Thomas J. Henry(Lawyer from Austin, Texas) has filed a $1 million lawsuit representing Austin victims against Travis Scott, Live Nation and NRG Stadium. This lawsuit was followed by the deadly Astroworld music festival back on Nov. 5, 2021. -It was claimed that the victims were “knocked” to the ground and “trampled” during a crowd … Read More
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