Personal Injury Blog

An Overview On Threshold And Its Importance

One of the trade-offs the insurance industry negotiated before it accepted the "no-fault" accident benefits scheme was a limitation on accident victims’ right to sue for pain and suffering and health care damages. In order to succeed as a plaintiff, you must prove on the balance of probabilities...

Accident Benefits Updates: Spilled Coffee Incident

In Aviva Insurance Company of Canada v. Dittmann, released on March 15, 2018, the Supreme Court of Canada dismissed a leave to appeal application by Aviva and ordered the insurer to pay Ms. Dittmann’s legal costs.

Accident Benefits Updates- More Encouraging Signs from the LAT

As we have discussed at length in recent posts, initial concerns regarding the competence of the Licence Appeal Tribunal (LAT) may have been somewhat overstated. This is not to say that accident victims are uniformly receiving appropriate adjudication at the LAT, as many decisions have come under...

Mistake, Duress, Unconscionability: Can I Overturn A Bad Settlement?

Have you ever met someone who was in a car accident, settled his or her accident benefits claim or potential lawsuit but didn’t receive adequate compensation to cover ongoing medical treatment, lost time at work or personal or household assistance? Unfortunately, this happens far too frequently in...

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