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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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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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