Howie, Sacks & Henry Personal Injury Blog
Demystifying the complex and sometimes overwhelming world of personal injury in Ontario.
Minimum Maintenance Standards – A complete Defence?
In Ontario, according to the Municipal Act, 2001, municipalities are responsible for keeping the bridges and highways within their jurisdictions in a state of reasonable repair, and if they fail to fulfill this responsibility, they will be liable for any damages their negligence causes.
Catastrophic Defined Finally?
The Ontario Court of Appeal in Pastore v. Aviva ruled that an injured car accident victim need only establish one Marked or Extreme Impairment due to a mental or behavioral disorder to be deemed Catastrophically impaired under the Statutory Accident Benefits Schedule (SABS).
Optional Insurance Benefits and the Duty to Give Advice
The foremost question in most customers’ minds when buying car insurance is “how much will it cost?” Of course, that is an important question, but it is not the only important question.
Attendant Care and Economic Loss
On June 27, 2012, Justice Ray of the Superior Court of Justice ruled on the issue of “economic loss” as referred to in section 3(7)(e) of the SABS in Henry v. Gore Mutual Insurance Company as it related to Attendant care.
SCC Decision: Van Breda v Club Resorts Ltd. 21012
The Supreme Court of Canada recently handed down a decision in Van Breda v. Club Resorts Ltd. 2012 SCC 17. Ms. Van Breda was rendered a paraplegic when a metal apparatus she exercising on at a Cuban resort collapsed.
Permission to Drive
In the case of Wawanesa v. S.C. Construction Ltd., 2012 ONSC 353, SC Construction gave permission for an employee, whose car had broken down, to drive a company van home and back to work the next morning without checking to ensure that he held a valid Ontario driver’s licence.
Social Media Update
In the 2011 decision of Morabito v. DiLorenzo [2011] O.J. No. 5661, Justice Ramsay ruled that photographs taken before and after a motor vehicle accident and posted on a plaintiff’s Facebook and MySpace page were relevant to motor vehicle litigation.
Maintaining Hope After Your Long-Term Disability Claim Has Been Denied
Your LTD claim has been denied. Now what? There are specific steps that you should take to fight the insurance company’s denial of your long term disability benefit.
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Since 2011, our peers have consistently voted for us as one of Canada’s top personal injury firms in Canadian Lawyer magazine’s annual rankings of the top personal injury boutiques in Canada. With decades of experience helping accident victims and their families, our firm understands the laws that affect your right 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.