Howie, Sacks & Henry Personal Injury Blog

Demystifying the complex and sometimes overwhelming world of personal injury in Ontario.

Howie, Sacks & Henry LLP – Personal Injury Law – Adam Wagman

Deductibility of Collateral Benefits from Accident Benefits

One area in which counsel, and their clients, can get into trouble is in dealing with collateral benefits to which the client may be entitled from sources other than an auto insurer, following a motor vehicle accident. Understanding when and how an insurer is entitled to deduct collateral benefits plays a key role in ensuring maximum recovery for your clients.

Howie, Sacks & Henry LLP – Personal Injury Law – Melissa Miller

Insurer Ordered to Pay Full Indemnity Costs

The recent decision in Fernandes v. Penncorp Life Insurance confirms the Judiciary’s view on holding insurance companies accountable when they wrongfully deny long-term disability claims.

Howie, Sacks & Henry LLP – Personal Injury Law

Saskatchewan Court of Queen’s Bench: Insurers Beware!

Insurers owe a duty of good faith to their insureds in the manner that they evaluate and assess claims. They must do so fairly and must not deny coverage as a strategic ploy to weaken the insured’s negotiating position. Where an insurer has failed to uphold this duty, the insurer is guilty of bad faith and may be subject to a claim for punitive damages, over and above its contractual obligation to pay benefits pursuant to the policy. The purpose of punitive damages in Canada is therefore to discourage wrongdoers from engaging in malicious and offensive activities by punishing them, irrespective of the compensation paid to the Plaintiff.

Howie, Sacks & Henry LLP – Personal Injury Law – D. Joel Dick

Treating Doctors and Rule 53

While the developing case law with respect to Rule 53 had drawn a distinction between treating physicians and experts hired only for the purpose of the litigation, the recent ruling of the Divisional Court rejects that approach.

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Among the best in Canada

Since 2011 Canadian Lawyer Magazine rated us one of the top personal injury law firms in Canada. Why? With close to 20 years helping accident victims and their families, our firm understands the laws that affect your rights to compensation because we’ve helped shape those laws in favour of accident victims.

Among the best in Canada

Since 2011 Canadian Lawyer Magazine rated us one of the top personal injury law firms in Canada. Why? With close to 20 years helping accident victims and their families, our firm understands the laws that affect your rights to compensation because we’ve helped shape those laws in favour of accident victims.