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Author:Haghani-Law

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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