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Author:Haghani-Law

Dec 16 2019

KICK-STYLE ELECTRIC SCOOTER (E-SCOOTERS)

As the problems of “traffic” and “climate change” continue to grow, people are more eager to find more efficient, cheaper, faster, and environmentally friendly transportation methods. Kick-Style Electric Scooter – better known as E-Scooters – seem to have become one of the latest attempts at finding a solution. For those who do not know what I am talking about, imagine the same scooter that your child may have, used by an adult and equipped with an engine capable of running it up to 30 km/hr. For a few hundred dollars you can own one of these E-Scooters...

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Dec 06 2019

Multiple Wills as a Strategy to Save on Probate Taxes

Having multiple Wills is one of the strategies used to reduce or avoid the amount of taxes payable by the estate on death (probate taxes).In Ontario, probate or estate administration taxes (the terms “probate tax” and “estate administration tax” are used interchangeably here) are payable by the estate of the deceased and are assessed based on the total value of the estate. In assessing the value of estate, all properties, including real estate, bank account, investments, intangible properties, business interests, and motor vehicles are included. Probate taxes are payable when the trustee or estate representative applies to the...

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Nov 13 2019

Recent changes to the Ontario Rules of Civil Procedure

For those of you who may not know Rules of Civil Procedure (the “Rules”) is a set of rules, which as the name implies, govern the civil court procedure in Ontario. Like all other statutes, the Rules are available to public in Ontario government’s website at www.ontario.ca and can be accessed by clicking on this link.The provincial government has recently introduced a number of changes to the Rules, which I briefly discuss below. These changes have been made on October 23, 2019 but will not come into effect until...

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Nov 01 2019

Ontario’s Housing Supply Action Plan

Have you wondered why there seem to be a lot more construction projects in the GTA lately? You are not alone. There has in fact been a rise in the pace of construction in not just the GTA, but the entire province lately. I have often marveled at how quickly some housing projects seem to get completed. Often in my commute to and from work I have noticed high rise buildings that seem to sprout like a magical beanstalk overnight. But did you know that on average it takes 10...

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Oct 18 2019

Proposed Changes to Auto Insurance Regime

Ontario Government is again planning to make changes to the auto insurance system. In its 2019 Budget the province announced a plan called “Putting Drivers First” which outlines the proposed changes: (a) Care, not Cash: eliminating the option for cash settlement of accident benefits claims and (b) restoring catastrophic limits to $2 million.Care not CashAs you may be aware, most auto insurers would be amenable to, and often do, actively negotiate “lump out” settlement of accident benefit entitlements. Insurers are not required to offer cash settlements, but they are permitted to so if the insured...

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Sep 27 2019

Contingency Fee Retainer Agreements

Retainer agreements are generally a type of agreement between clients and lawyers setting out the terms of a contract for services by lawyer to client. Most of us are familiar with hourly retainers whereby the client will deposit a certain amount of funds in lawyer’s trust account, who will then withdraw from client’s trust funds periodically, based on the length of time lawyer has worked multiplied by his or her hourly rate.Contingency fee retainer agreements are different in that the fees (and often disbursements) are not paid until the lawyer...

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Sep 01 2018

Actions for Personal Injury or Death Arising from Car Accidents – Part II

[no_button size="" style="" text="DAMAGES FOR PAIN AND SUFFERING" icon_pack="font_awesome" fa_icon="" icon_position="right" icon_color="2A25FF" icon_background_color="" icon_background_hover_color="" link="" target="_self" color="" hover_color="" background_color="" hover_background_color="" border_color="" hover_border_color="" border_width="" font_size="" font_style="normal" font_weight="" margin="" padding="" border_radius=""](a) THRESHOLDIn exchange for statutory accident benefits (discussed in previous posts such as this one), all claims for health care expense and pain and suffering losses (non-pecuniary losses), arising from a car accident in Ontario, are subject to what is often referred to as the “threshold”. This is established by s.267.5(3)-(5) of the Insurance Act and absolves an owner or driver of...

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Aug 20 2018

Actions for Personal Injury or Death Arising from Car Accidents – Part I

[no_button size="" style="" text="Before Commencing an Action" icon_pack="font_awesome" fa_icon="" icon_position="right" icon_color="2A25FF" icon_background_color="" icon_background_hover_color="" link="" target="_self" color="" hover_color="" background_color="" hover_background_color="" border_color="" hover_border_color="" border_width="" font_size="" font_style="normal" font_weight="" margin="" padding="" border_radius=""]Certain requirements must be met before someone can issue claim for personal injury or death, against someone else, arising from a car accident. Among these requirements are applying for accident benefits and providing notice of intention to commence action within 120 days of the accident (“the notice”). Failure to comply with those requirements is not fatal but will be considered by the court...

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Jul 29 2018

Understanding Automobile Insurance in Ontario – Part V

[no_button size="" style="" text="4. Uninsured and Unidentified Coverage" icon_pack="font_awesome" fa_icon="" icon_position="right" icon_color="2A25FF" icon_background_color="" icon_background_hover_color="" link="" target="_self" color="" hover_color="" background_color="" hover_background_color="" border_color="" hover_border_color="" border_width="" font_size="" font_style="normal" font_weight="" margin="" padding="" border_radius=""]Your standard insurance policy is also responsible for payment of money for any damages or losses you may suffer as a result of an accident with a vehicle whose owner or driver is uninsured. Similarly, you are covered for personal injuries suffered in a hit-and-run , where the owner or driver of the automobile that was at fault for the accident cannot...

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Jul 14 2018

Understanding Automobile Insurance in Ontario – Part IV

[no_button size="" style="" text="3. Direct Compensation" icon_pack="font_awesome" fa_icon="" icon_position="right" icon_color="2A25FF" icon_background_color="" icon_background_hover_color="" link="" target="_self" color="" hover_color="" background_color="" hover_background_color="" border_color="" hover_border_color="" border_width="" font_size="" font_style="normal" font_weight="" margin="" padding="" border_radius=""]In the last two posts we looked at two of the four categories of mandatory insurance coverage in Ontario: liability and accident benefits. In this blog we will focus on the third category: Direct Compensation - Compensation for Damage to Property.Section 263.(2) of the Insurance Act gives an insured the right to recover, from the insurer, for damages sustained to the insured's vehicle, vehicle's...

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Jun 03 2018

Understanding Automobile Insurance in Ontario – Part III

[no_button size="" style="" text="2. Accident Benefits" icon_pack="font_awesome" fa_icon="" icon_position="right" icon_color="2A25FF" icon_background_color="" icon_background_hover_color="" link="" target="_self" color="" hover_color="" background_color="" hover_background_color="" border_color="" hover_border_color="" border_width="" font_size="" font_style="normal" font_weight="" margin="" padding="" border_radius=""]Since June 1990 every Ontarian who has a valid automobile insurance contract in Ontario is entitled to accident benefits, as provided for in Statutory Accident Benefits Schedule, which is a regulation to the Insurance Act. All contracts of automobile insurance are deemed to provide for accident benefits. [no_highlight background_color="" color="2A25FF"] NOTE: despite the above entitlement to accident benefits, occupants of public transit vehicles who are...

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Mar 29 2018

Understanding Automobile Insurance in Ontario – Part II

Insurance policies in Ontario are called Standard Auto Insurance Policies because they are substantially standard in form and content. With the exception of some special cases,[1] the Insurance Act prohibits insurers from using or issuing a policy, endorsement or renewal that has not been approved by the government (more specifically by the Superintendent of Financial Services). In accordance with the Insurance Act, all contracts of motor vehicle insurance in Ontario, issued after January 1, 1994, include Statutory Conditions, as outlined in Ontario Regulation 777/93 and no omission or addition from...

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Feb 24 2018

Understanding Automobile Insurance in Ontario – Part I

Mandatory Automobile Insurance Policy In Ontario, motorists are required to have auto insurance. Section 2 of the Compulsory Automobile Insurance Act (“the CAIA”) prohibits an owner or lessee (including renter) of a motor vehicle, to operate the vehicle or allow the vehicle to be operated by someone, unless the vehicle is insured. The fines are so high and potential consequences are intentionally set to be so painful that driving without valid insurance coverage often cannot be explained as a rational decision! Those caught contravening section 2 of the CAIA can face,...

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Dec 27 2016

Liability of Municipalities in Slip and Fall Matters

Liability of Municipalities in Slip and Fall Matters A Brief Overview  [no_dropcaps type="square" color="2A25FF" font_family="Georgia" font_size="16" line_height="1 in" width="1 in" font_weight="700" font_style="" text_align="" border_color="" background_color="" margin=""]A[/no_dropcaps]ccording to Statistics Canada, out of 15,064 individuals who died from injury-related causes in Canada in 2007, 18% of deaths were due to injuries sustained in a fall.[1] Seniors are at a higher risk of falling than the rest of population in Canada. In fact the risk (and perceived risk) of fall increases with age.The costs of health care for those who suffer serious injuries from a...

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Dec 14 2016

Land Transfer Tax in Residential Real Estate Purchase

 In the province of Ontario, a purchaser who buys land or has a beneficial interest in land is required to pay Ontario’s land transfer tax upon the transaction closing. The Land Transfer Tax Act R.S.O. 1990, c. L.6 (“the Act”) governs the tax payable to the Province upon the registration or beneficial disposition of an interest in land. The Act provides that every instrument should have attached to it an affidavit. This affidavit is a sworn document by the purchaser, which sets out the value of consideration. You can find...

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Nov 28 2016

Tax Rebate on Purchase of New Homes in Ontario

Let’s face the simple fact that we all want to save money whenever possible.  There are ways to save money but unfortunately sometimes we simply don’t know what they are.  Our firm wants to inform you of some ways that you too can minimize the tax obligations arising from purchase of new homes by saving money through the tax rebates that are currently available to purchasers of new homes in Ontario.* Then contact our office so that we can guide and assist you through this somewhat complex, time consuming process giving...

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Aug 19 2016

Disability Claims

DISABILITY CLAIMS IN ONTARIO A BRIEF OVERVIEW What is long-term disability insurance?Long-term disability insurance often refers to a type of insurance contract whereby the insurance company (insurer) agrees to pay a portion of your pre-disability income if and when you become unable to earn your livelihood as a result of an illness or injury, in exchange for payment of monthly premiums by you. In other words, the insurer agrees to pay a percentage of your income if you cannot continue working. Obtaining disability benefit coverage is an excellent idea and provides you...

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Aug 04 2016

Accident Benefits in Ontario – Part VI

ACCIDENT BENEFITS IN ONTARIO A BRIEF OVERVIEW Part VI This is the sixth post in a series called “Accident Benefits in Ontario – A Brief Overview”. In these posts we talk about different aspects of Ontario’s Accident Benefits insurance coverage, also referred to as the no-fault insurance. Almost all of the content discussed in these blogs deal with the law as it applies to accidents that happened on or after September 1, 2010. Please contact us if your accident took place before September 1, 2010 and you would like to apply to accident...

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Jul 21 2016

Dog Bites and Dog Attacks

DOGS, DOG BITES, DOG ATTACKS, AND DOG OWNERS RESPONSIBILITIES IN ONTARIO  This article is addressed to both dog owners and those injured as a result of dog bites or attacks. It briefly outlines some of the legal obligations and responsibilities that a dog owner must be aware of and the recourses that a person who has been injured as a result of a dog attack or dog bite may want to know about. [no_dropcaps type="normal" color="" font_family="" font_size="" line_height="" width="" font_weight="" font_style="" text_align="" border_color="" background_color="" margin=""]T[/no_dropcaps]hey say that dog is man’s...

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Jun 05 2016

June 1, 2016 Changes to Ontario Accident Benefits

ACCIDENT BENEFITS IN ONTARIO A BRIEF OVERVIEW Part V This is the fifth post in a series called “Accident Benefits in Ontario – A Brief Overview”. In the previous posts we looked at various accident benefits available to Ontarians. Given the substantial changes to the accident benefits regime, effective June 1, 2016, we decided to dedicate this post to a brief overview of those. [no_dropcaps type="circle" color="3443FF" font_family="" font_size="14" line_height="" width="" font_weight="500" font_style="italic" text_align="" border_color="" background_color="" margin=""]A[/no_dropcaps]s part of the Ontario’s budget, announced on April 23, 2015, the provincial government proposed significant reductions...

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May 09 2016

Income Replacement Benefits

ACCIDENT BENEFITS IN ONTARIO A BRIEF OVERVIEW Part IV This is the fourth post in a series called “Accident Benefits in Ontario – A Brief Overview”. In these posts we talk about different aspects of Ontario’s Accident Benefits insurance coverage, also referred to as the no-fault insurance. Almost all of the content discussed in these blogs deal with the law as it applies to accidents that happened on or after September 1, 2010. Please contact us if your accident took place before September 1, 2010 and you would like to apply to accident...

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Apr 12 2016

Medical & Rehabilitation Benefits – Part II

ACCIDENT BENEFITS IN ONTARIO A BRIEF OVERVIEW Part III This is the third post in a series called “Accident Benefits in Ontario – A Brief Overview”. In these posts we talk about different aspects of Ontario’s Accident Benefits insurance coverage, also referred to as the no-fault insurance. Almost all of the content discussed in these blogs deal with the law as it applies to accidents that happened on or after September 1, 2010. Please contact us if your accident took place before September 1, 2010 and you would like to...

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Mar 30 2016

Medical & Rehabilitation Benefits – Part I

ACCIDENT BENEFITS IN ONTARIO A BRIEF OVERVIEW Part II  This is the second post in a series called “Accident Benefits in Ontario – A Brief Overview”. In these posts we talk about different aspects of Ontario’s Accident Benefits insurance coverage, also referred to as the no-fault insurance. Almost all of the content discussed in these blogs deal with the law as it applies to accidents that happened on or after September 1, 2010. Please contact us if your accident took place before September 1, 2010 and you would like to apply to accident...

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Mar 17 2016

Accident Benefits in Ontario: A Brief Overview – Part I

ACCIDENT BENEFITS IN ONTARIO A BRIEF OVERVIEW Part I This is the first post in a series called “Accident Benefits in Ontario – A Brief Overview”. In the upcoming posts we will delve deeper into different aspects of Accident Benefits laws and regulations in Ontario. Stay tuned! Accident Benefits went through significant changes as a result of revisions to the Statutory Accident Benefits Schedule (“SABS”), a regulation to the Ontario Insurance Act in 2010. The new SABS reduced and restricted the accident benefits available to victims of car accidents and as such had a...

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Mar 10 2016

Defendant’s discovery obligations regarding surveillance materials

Conducting surveillance on plaintiffs through private investigators in personal injury claims is so prevalent that only a few cases reach the trial without some kind of investigation completed on behalf of the defendant. Surveillance is often very intrusive on victims of motor vehicle accidents. The methods employed by investigators range from making random phone calls at various times of day to plaintiffs’ numbers, to not--‐so-­‐discretely videotaping them at various social gatherings. Yet, investigations may be utilized for discouraging bogus claims.There are laws in place that assist in proper utilization of...

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