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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) THRESHOLD In 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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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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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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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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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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