Keyword
personal injury
Why a court upheld a $175K personal injury award against Ontario Place
January 18, 2024 by David GambrillOntario’s Court of Appeal has upheld a $175,000 damage award against Ontario Place in Toronto, finding that Ontario Place had blocked people’s access to the main exit and failed to erect barriers that would have prevented people from leaving the…
Whose insurer pays when e-scooter drivers crash?
November 17, 2023 Philip PoradoNews reports about drivers of stand-up e-scooters injuring pedestrians in several Canadian cities are raising questions about insurance coverage for the vehicles — and how injured pedestrians might recover damages. But what about the e-scooter drivers themselves? Can they recover…
Why Canadian caps on pain and suffering awards could face court challenge
June 27, 2019 by Greg MeckbachLegislated limits on pain and suffering awards, which are meant to manage liability insurance costs, could conceivably be challenged in court, a Canadian personal injury lawyer suggests. South of the border, the Kansas Supreme Court recently held that a state…
Premier Ford promises ‘solution’ to Ontario joint and several liability concerns
January 28, 2019 Allison Jones - THE CANADIAN PRESSTORONTO – Ontario is taking a look at municipalities’ concerns about a legal rule that they say causes “liability chill” and leads some to ban activities such as street hockey and tobogganing. In a speech Monday to the Rural Ontario…
The lengths to which this lawyer went to represent her auto accident victim
October 4, 2018 by Greg MeckbachThe Supreme Court of Canada has refused to hear the appeal of a personal injury lawyer who is out of pocket $30,000 after she tried to prevent a hospital from taking a vehicle accident claimant off life support. The lawyer…
Vehicle accident plaintiff loses bid to appeal without paper court transcripts
July 25, 2018 by Greg MeckbachA motor vehicle accident victim wanting to appeal a personal injury lawsuit award without having to pay to get paper court transcripts has lost her bid to appeal using audio court records. Yolando Girao was injured in 2002 in an…
Cap on minor injury auto awards could be coming to B.C.
February 1, 2018 by Greg MeckbachBritish Columbia’s government is considering caps on awards, in auto insurance personal injury lawsuits, for pain and suffering for minor injuries, the province’s attorney general told Canadian Underwriter Tuesday. With a cap on minor injury claims, Insurance Corporation of B.C.…
Coffee burn case sees courts flip-flop on vicarious liability
January 24, 2018 Greg Meckbach, Associate EditorA recent Ontario court ruling against a coffee shop serves as a warning to defendants that individual employees can be named personally in personal injury lawsuits against corporations. “There is no general rule in Canada that an employee acting in…
How Nova Scotia is reducing auto tort awards
January 17, 2018 by Greg MeckbachA $40,000 award in a personal injury auto lawsuit has been cut down to zero because the plaintiff received Canada Pension Plan disability payments as a result of her injuries. Shirley Tibbetts was riding her motorcycle in Northern Antigonish County,…
Second-generation cyber policies tackle personal injury, property damage
January 11, 2018 by Jason ContantCyber insurance policies are now evolving to the point where they are starting to tackle personal injury and property damage, Brian Rosenbaum, national director, legal and research practice with Aon Risk Solutions Canada, told Canadian Underwriter on Tuesday. Known in…
Judge denies separate housework award in auto injury lawsuit
November 15, 2017 by Canadian UnderwriterA claim for interference with homemaking capability “must be scrutinized carefully” in an auto personal injury lawsuit, a British Columbia judge suggested in a recent ruling that cites an earlier Court of Appeal for Ontario ruling. In a ruling released…
“Nearly all” U.K. drivers paying record amounts for car insurance: Association of British Insurers
July 10, 2017 by Canadian UnderwriterDrivers in nearly all age groups in the United Kingdom are paying record amounts for their car insurance and could face further increases unless the government takes action to reduce claims costs, the Association of British Insurers (ABI) warned recently.…