Long-Term Disability & Personal Injury Blog
Roger R. Foisy & Associates takes pride in providing you with accurate information about personal injury law and long-term disability. Read our blog for information and resources to protect yourself or a loved one.
What is Catastrophic Impairment?
When an automobile accident occurs, the consequences can be life altering. For some, the injuries sustained can lead to a determination of catastrophic impairment. Understanding what catastrophic impairment is, how it’s defined in Ontario, and who makes a determination will allow you to be better...
Read MoreThe Importance of Obtaining a Lawyer Who Can Cover Expert Fees
Expert witnesses are essential to appealing a case before the License Appeal Tribunal (LAT), but they can have severe implications for your disbursements if you are not careful. You may recall from earlier blogs that disbursements are third-party expenses you will pay following the successful...
Read MoreHaving the Right Legal Representation for the LAT
If you need to go through the Licence Appeal Tribunal (LAT), it is essential to have a representative who can effectively advocate for you and protect your rights and interests. Without legal representation, you may be at a disadvantage and may struggle to present your case effectively. Although it...
Read MoreMerry Christmas & Happy New Year!
The team at Roger R. Foisy & Associates would like to wish you and your loved ones a Merry Christmas and a Happy New Year! We hope your holiday season is filled with good company, good food, and plenty of relaxation. May you take this time to reflect on the year and look forward to...
Read MoreRoger R. Foisy to Speak at CSME Webinar
Roger R. Foisy has been invited to speak at an upcoming webinar for the Canadian Society of Medical Evaluators (CSME) this December 1st, 2022. The webinar will discuss Tips and Strategies when Testifying for Occupational Therapy and Functional Abilities Evaluations. This webinar will identify to...
Read MoreAlways bring a combination square with you! The importance of proper tools while using municipal sidewalks
Trips, slips, and falls are common sources of litigation for municipalities. Ensuring that sidewalks are in a state of good repair and are not impacted by poor weather conditions or damage is part of the regular maintenance that must be completed. If you have been injured from a slip, trip, and...
Read MoreRoger R. Foisy Invited as Speaker at 2022 OTLA Fall Conference
Roger R. Foisy has been invited to participate as a speaker at the Ontario Trial Lawyers Association (OTLA) 2022 Fall Conference. The conference theme this year is The Pressures of Practice. Roger will be participating in a presentation discussing the topic of “An In-depth Analysis of Why the...
Read MoreWorld Mental Health Day: Recognizing the Psychological Fallout of Motor Vehicle Accidents
World Mental Health Day is an international day for mental health education, awareness, and advocacy, celebrated on October 10th each year. Originally created in 1992, this day helps raise awareness and bring attention to mental illness and its effects on people’s lives worldwide. While we often...
Read MoreUsing Structured Settlement to Help Those Who Suffer From Traumatic Brain Injuries
People who suffer from traumatic brain injury, or TBI, face a different world than the everyday person. A person who has a TBI is more likely to suffer from mental health issues and is also more likely to experience unemployment, homelessness, and in some cases incarceration. TBI is a traumatic...
Read MoreThank You for Attending the 2022 BIAPH Health Advocate Education Conference
Roger R. Foisy and Associates would like to thank all who came to The Brain Injury Association of Peel and Halton’s (BIAPH) 3rd Health Advocates Education Conference. Hosted on June 29, 2022, at the Mississauga Convention Centre, the theme this year was Practical Tips and Strategies from Industry...
Read MoreVerify Your Home Insurance Coverage & Protect Your Assets in Case of an Accident
On June 5, 2022, one of the staff of Roger R. Foisy faced tragedy as she lost her entire home to an apartment building fire. She and her two children were left with only the clothes on their back as they faced damage and unfortunately were not able to return to their home. As we...
Read MoreDeclaratory Relief Within Simplified Procedure
When building civil cases, lawyers must determine whether they are making the claim within Ordinary Procedure or Simplified Procedure. Simplified Procedure is a clear, less expensive process to resolve civil cases in Ontario. On January 1, 2020, the Ontario government changed the Rules of...
Read MoreWhy You Need Optional Benefits in Your Ontario Automobile Insurance Policy
On June 1, 2016, Ontario changed the benefits for automobile insurance, making adjustments that limit your access to long-term medical and rehabilitation benefits. This change was made quietly, and the people of Ontario were uninformed about the amendments made to their insurance policies. These...
Read MoreRoger R. Foisy Invited as Panelist on OTLA Long-Term Disability Roundtable
Roger R. Foisy has been invited to participate as a panelist on the Ontario Trial Lawyers Association (OTLA) roundtable on Examination for Discovery of an LTD Defendant. Other prominent lawyers who will be part of the panel include Nainesh Kotak, Steve Rastin, and Najma Rashid. Roger is regularly...
Read MoreDoes Your Union Insurance Policy Cover Long-Term Care?
If you are an active or retired union member, your insurance policy might cover long-term care (LTC). Similar to other policies, to claim LTC benefits, the union member must require assistance due to cognitive impairment or be unable to perform 2 or more activities of daily living listed...
Read MoreMerry Christmas and Happy New Year!
The team at Foisy & Associates wishes you and your loved ones Merry Christmas and a Happy New Year! We hope your holiday season is filled with joy, laughter, happiness, and relaxation. As we look forward to 2022, our team remains committed to providing every client with a very personal level of...
Read MoreWhy It’s Important for Personal Injury Lawyers to Monitor Client Social Media
Social media evidence is now commonly used in personal injury cases, with defendants and insurance companies increasing their monitoring of plaintiff accounts. As a lawyer, you need to know what your clients post to their profiles because what may seem like a harmless post can have dire...
Read MoreLong-Term Care Benefits Denied by Insurance Company
Jason purchased long-term care insurance 20 years ago to alleviate his children from the burden of long-term care costs and ensure he was taken care of in his senior years if the need arose. Jason paid his insurance premiums religiously, but when he became ill and required ongoing assistance,...
Read MoreHas Your Long Term Disability Been Terminated [Video]?
You have seen little if any improvement in your physical and mental health, but your long term disability has been terminated. You have not received the go-ahead from your doctor to return to work, and you continue to take the same or more medication. So, how can the insurance company doctor who...
Read MoreHas Your Long Term Disability Claim Been Denied [Video]?
Your long term disability claim has been denied, and your insurer has offered you to appeal its decision. At this point, you need to pause and think for a moment…what are the chances that the same insurance company that denied your claim will overturn its own decision? I’ve been a long term...
Read MoreInjured from a Fall Due to Ice or Snow? You Must Act Very Quickly!
As of January 29, 2021 Ontario’s Occupiers’ Liability Act was amended to add a requirement of written notice for claims arising from injuries caused by snow and ice. If you’ve been injured from a fall due to snow or ice in Ontario, you have ONLY 10 DAYS to provide written notice by registered...
Read MoreLong Term Disability and Psychological Distress [Video]
Admitting that you might be suffering from mental health issues can be difficult, but facing your problem can help your disability claim. People who are suffering from mental health issues tend to blame their workplace and employer for psychological distress. Focusing on your employer can undermine...
Read MoreMerry Christmas and Happy New Year!
The holiday season is here and it’s time to reflect on the year that has been. No one could have predicted the difficulties 2020 would bring and the challenges it created for everyone. This year we want to extend our holiday greetings to not only our clients but also to frontline workers who are...
Read MoreLong Term Disability and Chronic Pain
We tend to recognize pain as only physical, but pain has biological, psychological, and emotional factors and if left untreated or misdiagnosed, there is a possibility it becomes chronic. Diagnosing chronic pain can be difficult as most of the time symptoms cannot be seen, even though the pain is...
Read MoreVirtual BIAPH Health Advocates Education Conference on October 28
The second Brian Injury Association of Peel and Halton (BIAPH) Health Advocates Education Conference will be held virtually on October 28, 2020. The theme for this year’s conference is What You’re Missing: Practical Tips and Strategies from Industrial Professionals. This event is the...
Read MoreHere’s What You Should Do If You Receive Your Two-Year LTD Termination Letter
You’ve been receiving long term disability (LTD) benefits and have just received a letter from your insurance company stating that your benefits will be terminated at the two-year mark. The insurance company has sent you this letter because how total disability is defined in your policy changes...
Read MoreCongratulations to Daniel Berman on his Call to the Bar!
The team at Roger R. Foisy injury law firm is pleased to announce that Daniel Berman, part of our staff since 2018, was recently called to the bar. Being called to the bar is a milestone in a lawyer’s career, and we couldn’t be happier for Daniel on this achievement. Daniel has already started...
Read MoreCan You Claim LTD Because of COVID-19?
The COVID-19 pandemic has changed our way of life and the direct and indirect psychological, social, and economic effects of COVID-19 could affect mental and physical health now and into the future. Studies have shown that large-scale disasters, whether traumatic, natural, or environmental are...
Read MoreWe Are Open and Available to Help
We are available for new consultations during the COVID-19 crisis. Please contact us regarding your Personal Injury or Disability Claim. While our physical offices are closed, our staff is fully functional and working remotely. To contact us, please call us at 905.286.0050 / toll-free 877.286.0050,...
Read MoreMerry Christmas and Happy New Year!
It’s the most wonderful time of the year! A very Merry Christmas to you and your loved ones from the team at Roger R Foisy! We hope you have a wonderful holiday season filled with joy and relaxation, and we wish you health and happiness in 2020. Our Holiday Hours December 24th:...
Read MorePersonal Injury Potential Settlement Values: Knee Injuries
Knee injuries can occur with little impact and are often the result of a slip and fall or a minor motor vehicle accident. In this article, we will take a look at four knee injuries and historical examples of the personal injury settlement values victims have received: ACL Tear Dislocation of the...
Read MorePersonal Injury Potential Settlement Values: Leg and Ankle Injuries
Lower extremity (leg, knee and ankle) injuries tend to occur over a wide range of unfortunate accidents. As a general rule, less impact is required for knee and ankle injuries which can result from a slip and fall or a less impactful motor vehicle accident. In contrast, the femur...
Read MorePersonal Injury Potential Settlement Values: Hip and Pelvis Injuries
Hip and pelvis injuries were once a common result of motor vehicle accidents. But with advanced safety features including lower console and lower door side airbags, these injuries have been greatly reduced. However they remain a prominent outcome of slip/trip and fall accidents, particularly for...
Read MorePersonal Injury Potential Settlement Values: Wrist and Hand Injuries
In our previous article, we discussed arm injuries and how they are often caused by defensive instincts just before impact from a motor vehicle accident. Similarly, wrist and hand injuries are often defensive, and particularly common in slip and fall accidents. In this article, we will take a look...
Read MoreDress Down for Brain Injury Awareness Month This June
June is Brain Injury Awareness Month. In Canada, approximately 160,000 Canadians suffer brain injuries every year with incidence and reporting rates continuing to rise. The prevalence of brain injury outpaces breast cancer, multiple sclerosis, spinal cord injury, and HIV/AIDS combined, and it...
Read MorePersonal Injury Potential Settlement Values: Arm Injuries
Arm injuries are often caused by instinctively holding out ones arm as a defensive action just before accident impact and sometimes due to the impact from air bags deployed at explosive speeds. In this article, we will take a look at four arm injuries and historical examples of the personal injury...
Read MoreUnderstanding the Lasting Impacts of a Spine Injury
Whether the result of a slip and fall, a serious motor vehicle accident, or another accident, a spine injury can be serious and have profound impacts on a person’s life. Often, the effects extend far beyond the physical injury itself and may have lasting influences on someone’s physical and...
Read MoreMerry Christmas and Happy New Year!
On behalf of the Roger R Foisy team, we would like to wish you a Merry Christmas. We hope you are able to enjoy the season in the company of your closest family and friends, and we wish you all the best in the New Year. Our Holiday Hours December 21: Closed at 2:30 pm...
Read MoreHow Past Marijuana Use May Impact Personal injury Claims
Marijuana is the most commonly used drug in North America. Most marijuana users begin experimenting in adolescence, and according to the Canadian Centre on Substance Use and Addiction, over 25% of Canadian youth aged 15-24 use marijuana.1 With the recent legalization of cannabis for recreational...
Read MoreSocial Media and Personal Injury Law: Can Social Media Affect Your Case?
Social media plays a prominent and important role in our day-to-day lives—enabling us to share photos we like, post updates about experiences, and catch up with friends and family. But if you have sustained an injury and are involved in a personal injury case, these simple posts and pictures can...
Read MoreAfter the Event Insurance: The New Legal Safety Net
Personal Injury Client Costs and Fees In Ontario automobile and non-automobile personal injury cases, the costs and fees can be a heavy burden for a client. Generally, lawyers and clients establish a Contingent Fee Agreement (CFA) where a client agrees to pay the lawyer’s costs only if...
Read MoreMembers of Our Legal Team Completed the Ontario Brain Injury Association’s Brain Basics Training Program
The Ontario Brain Injury Association’s (OBIA’s) Brain Basics Training Program is a foundational course that gives professionals, caregivers, and survivors alike the opportunity to develop a holistic understanding of how the brain works. We are always seeking ways to improve ourselves...
Read MoreHow Mild Traumatic Brain Injuries (mTBIs) Affect the Family
Suffering an mTBI can be a life altering event for a person, disrupting their day-to-day routines and leaving them feeling scared, vulnerable, and confused. It is important to remember, however, that the effects go beyond the individual—changing the lives of close family members who in many cases...
Read MoreRecognizing the Signs and Symptoms of a Concussion [Infographic]
June is Brain Injury Awareness Month. Every year approximately 160,000 Canadians sustain brain injuries, the majority of which are concussions. Unfortunately, because people often think of a concussion as “just a concussion”, trauma to the brain can easily be overlooked. It is important that a...
Read MoreDress Down for Brain Injury Awareness Month This June
This coming June is Brain Injury Awareness Month. In Canada, approximately 160,000 Canadians suffer brain injuries every year with incidence and reporting rates continuing to rise. The prevalence of brain injury outpaces breast cancer, multiple sclerosis, spinal cord injury, and HIV/AIDS combined,...
Read MoreUnderstanding Why OHIP Might Receive Part of Your Injury Claim Settlement
After receiving a personal injury claim settlement, you might discover that you are not the only beneficiary. Many clients are surprised to learn that a third party – such as the Ontario Health Insurance Plan (OHIP) – might also be entitled to payment of its own claim. This is known as...
Read MoreHow to Avoid Being Denied Disability Benefits: Completing the Physician Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
Read MoreHow to Avoid Being Denied Disability Benefits: Completing the Sponsor (Employer) Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
Read MoreHow to Avoid Being Denied Disability Benefits: Completing the Member Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
Read More3 Reasons the Pain and Suffering Cap Should Be Abolished
What Is Pain and Suffering in Terms of Personal Injury Law? Pain and suffering is a type of damage that an injured party may claim during a lawsuit. It is considered a “non-pecuniary” damage, which is a loss that is not easily quantifiable in financial terms (as opposed to, for example, loss of...
Read MoreMerry Christmas and Happy New Year from the Roger R Foisy Law Firm!
A very Merry Christmas to you and your loved ones from the Roger R Foisy team! We hope you have a wonderful holiday filled with joy and relaxation, and we wish you health and happiness in 2018. Our Holiday Hours December 15: Closed from 9:30 am – 2:30 pm for Knights Table charity volunteering...
Read MorePersonal Injury Potential Settlement Values: Scarring and Disfigurement of the Face and Neck
Catastrophic injuries can cause scarring and disfigurement that can have a lifelong impact, physically, psychologically, and emotionally. The high visibility of scarring and disfigurement on the side of the face and neck can also affect a person’s quality of life in numerous ways, such as lost...
Read MorePersonal Injury Potential Settlement Values: Basal Skull Fracture
A basal skull fracture, most often caused by motor vehicle accidents, slip and fall accidents, and child abuse cases, is considered a severe head injury. It is a fracture at the base of the skull and is frequently accompanied by a brain injury, which can cause significant challenges for...
Read MoreAre You Ready for Back to School? (ICE Program and Auto Insurance Coverage)
As September comes into full swing, the kids are now back to school. While it’s an exciting time for families, it can lead to worries about safety. Unfortunately, accidents can happen whether a child walks to school on their own or their parent drives them in. The best way to face the possibility...
Read MoreRoger R. Foisy Completes Executive Certificate in Conflict Management
I am always working to improve myself as a lawyer, so I can better help my clients and achieve the best possible outcomes for them. As of July 21, 2017, I have completed an Executive Certificate in Conflict Management through the Stitt Feld Handy Group in association with the University of Windsor...
Read MorePersonal Injury Potential Settlement Values: Whiplash Injuries
Whiplash injuries are generally the result of the head snapping forward and then back again, especially in rear-end motor vehicle accidents. Other similar activities gone wrong can cause a whiplash, such as a roller coaster, skiing, or from a sports injury where you might be accidently hit, kicked,...
Read MoreYour Auto Insurance Coverage Has Been Cut Back
On June 1, 2016, auto insurance coverage in Ontario was changed. As of June 2017, all Ontario drivers will have renewed their auto insurance and will be on the new coverage. Your new auto insurance makes cuts to coverages and increases the difficulty in qualifying for certain coverage in the event...
Read MorePersonal Injury Potential Settlement Values: Temporomandibular Joint (TMJ) Injury
TMJ injuries involve pain and dysfunction of the muscles that move the jaw and the joints which connect the jawbone to the skull. Some causes include injury to the teeth, jaw, or arthritis. In this article, we will take a look at two TMJ injuries and historical examples of the personal injury...
Read MoreNew Resource! Personal Injury Potential Settlement Values
I am excited to announce the launch of a new educational section of my website: Illustrations of Common Injuries & Potential Settlement Values. This resource offers injury information and settlement examples for a large number of common personal injuries. Each injury has a unique page that...
Read More10 Ways Employers Help Prevent Employees from Developing Psychological Long Term Disabilities [Infographic]
A good workplace can help reduce the anxiety and stress that often leads to a psychological long term disability claim. Although every mental illness is unique to the specific individual and circumstances, I have some general tips for employers to take proactive steps in making the workplace a...
Read MorePersonal Injury Potential Settlement Values: Mild Traumatic Brain Injury and Concussions
Brain injuries are classified as mild, moderate, or severe. The leading causes are vehicle-related collisions, falls, sports injuries, and assaults. Of these brain injuries, 70-90% are considered “mild” and are commonly referred to as “concussions”. It is important to realize, however, that...
Read MoreEducational Long-term Disability Resources
At the Roger R. Foisy injury law firm, we strongly believe in educating people as much as possible about the process of injury and long-term disability (LTD) law in Ontario, as well as helping them understand what to do and what to expect after an injury or disability. In pursuit of this goal,...
Read MoreRiskier Roads – GTA Pedestrians and Cyclists Being Run Down at Record Rates
A rash of pedestrian and cyclist accidents in the GTA has been alarming to those people who choose to walk or bicycle. It is particularly upsetting because these accidents have caused increased pedestrian fatalities. With the continual increase in the number of automobiles in Ontario coupled with a...
Read MoreHow the Possible Upcoming Legalization of Marijuana May Affect Medical Marijuana Users
Currently, the possession, distribution, and production of marijuana is illegal in Canada except for certain medicinal uses (studies show it can be effective to treat conditions including chronic pain, PTSD, and depression). However, in spring 2017 the Canadian federal government is expected to...
Read MoreSome Do, We Don’t – Roger R. Foisy Addresses Toronto Star Article
A Condemnation of Ontario Injury Lawyers Charging Unjust Fees On Saturday, the Toronto Star published an investigative article titled “Double-dipping lawyers taking big slice of injury settlements”. The article details the practice of some Ontario Personal Injury Law Firms of charging a...
Read More10 Things Employers Can Do to Accommodate Employees with Physical Long Term Disabilities [Infographic]
Ontario employers have a legal duty to accommodate employees with long term disabilities who are returning to work. Although accommodations must be made based on the specific individual and their particular disability and circumstances, I have some general tips for employers seeking to properly...
Read MoreNew Concussion Blood Test Developed with a 90% Accuracy Rate!
Last week, the Globe and Mail reported that researchers at Western University in London, Ontario have developed a new blood test to assess whether an individual has suffered a concussion – and the test has an amazingly high accuracy rate of 90%! The results are still preliminary, with a small...
Read MoreMerry Christmas from the Roger R Foisy Law Firm!
Merry Christmas and a happy New Year from the team at Roger R Foisy! We wish you a joyful holiday season with your loved ones. Our Holiday Hours December 24 – 27: Closed December 28 – 30: Open January 2: Closed January 3:...
Read MoreHow Speech-Language Pathologists Help Traumatic Brain Injury Victims
In my previous video (and blog) about finding the right team for your brain injury rehabilitation, one of the key specialists I mention is the speech-language pathologist. A speech-language pathologist is a medical professional who specializes in speech disorders and cognitive-communicative...
Read MoreNew Auto Insurance Rules Reduce Rehabilitation Payout for Victim with Traumatic Brain Injury
I have blogged frequently in the past few years about the reduction of auto insurance benefits in Ontario and how these changes are hurting car accident victims. In my last blog, I recommended Ontario drivers consider adding optional benefits to their insurance for this...
Read MoreOntario Drivers: Do You Know about These Recent Reductions to Your Auto Insurance Coverage?
Did you know your auto insurance benefits were reduced on June 1, 2016? I have found many of my motor vehicle accident (MVA) personal injury clients are not aware of the recent changes to automobile insurance; I am writing this article because it is very important for every Ontario driver to know...
Read MoreWhat Happens During the Mediation of a Personal Injury Claim? [Video]
Statistics show that 97% of personal injury cases settle before going to trial. One of the most effective ways to settle a claim is during mediation, which can result in a fair settlement of your case without needing to go to trial....
Read MoreDriving Rehabilitation Services after Personal Injury
Driving rehabilitation is a service for personal injury clients who need assistance to get back into their vehicle and on the road to recovery....
Read MoreHelping Children Overcome Psychological Trauma after Car Accidents
Parents and caregivers should be particularly aware of the potential psychological fallout for children involved in car accidents – and even for those whose parents were in an accident without them. About 15-25% of children involved in car accidents show symptoms of depression that remain even...
Read MoreQuantifying Damages: Personal and Attendant Care
After suffering a personal injury from an at-fault party, victims are entitled to compensation for the serious injury and any resulting disability. A personal injury lawyer fights to secure the maximum settlement for their injured client, based on their ability to demonstrate the extent of the...
Read MoreQuantifying Damages: Housekeeping and Home Maintenance
After suffering a personal injury from an at-fault party, victims are entitled to compensation for the serious injury and any resulting disability. A personal injury lawyer fights to secure the maximum settlement for their injured client, based on their ability to demonstrate the extent of the...
Read MoreCongratulations to Stephanie Weir for Being Called to the Bar!
We are excited to announce our staff member Stephanie Weir was called to the bar on June 20, 2016. Stephanie started with the firm as a Law Student in 2012 and we are proud of her and her...
Read MoreIt’s the Law! Cyclists under 18 Must Wear Helmets
Did you know that from 2006 to 2010, 93.75% of cyclists under the age of 18 who were killed in cycling collisions were not wearing a helmet? (The Ontario Ministry of...
Read MorePreparing for an Insurance Company Independent Medical Examination [Video]
Personal injury clients are often asked to undergo an Independent Medical Examination (IME). These evaluations are common practice when you are engaged in a personal injury or long-term disability...
Read MoreMay Is National Fitness Month: Staying Healthy Can Help Your Recovery in the Case of Personal Injury
May is National Fitness and Sports Month, intended to encourage everyone to get active and take care of their bodies! As you are most likely already well aware, staying fit and healthy has a multitude of...
Read MoreSeeking Compensation for a Compression Fracture of the Back
Throughout my years as an Ontario Personal Injury Lawyer, I have represented many clients with injuries that have included a compression fracture of the...
Read MoreRoger R. Foisy to Give a Presentation on Best Practices for Small Personal Injury Law Firms
In my presentation, I will be sharing insight on how my practice manages to be successful despite taking on fewer files than a similarly sized firm, allowing us to focus more time, effort, and energy on each file in order to achieve better results per...
Read MoreWhy You May Want to Consider Getting an Individual Disability Insurance Policy (Even If You’re on a Group Policy through Your Employer)
While it is good to have LTD insurance through a group policy with your employer, there are many scenarios in which it may be beneficial for you to also purchase an individual insurance policy for yourself....
Read MoreUniquely Qualified: Personal Injury Lawyer Roger R. Foisy’s Medical Diplomas and Certificates
The more knowledgeable I am concerning medical topics and the human body, the better I am able to ensure my clients receive a fair...
Read MoreAlert for Ontario Drivers: New Road Safety Laws Passed to Protect Pedestrians
As of January 1, 2016, new road safety laws have passed in Ontario. It’s important for all drivers to be aware of these new laws, primarily to protect the safety of pedestrians and avoid motor vehicle accidents – but also to avoid new...
Read MoreWhat Is the Settlement Value for My Injury or Illness? [Video]
People often believe that settlement value is mostly determined by the extent of the injury. While this is a factor, the most important information is how the injury has impacted your life. In other words, what does the injury prevent you from being able to do and how does this affect...
Read MoreWhen Personal Injury Impacts an Elderly Person’s Mobility
Mobility is extremely important for our health and happiness as we age. Elderly people who are mobile are typically better able to retain their independence and stay active into the golden...
Read MoreMerry Christmas from the Roger R Foisy Team!
From everyone at Roger R Foisy’s personal injury law firm, Merry Christmas and a healthy New Year! We hope you can enjoy good company, good food, and good fun over this holiday...
Read MoreSuffering from a Whiplash Injury? You May Have a Brain Injury
A whiplash injury can occur when a person’s head and neck move forward and backward in a sudden motion. This rapid movement can strain, stretch, or tear muscles and tendons in the neck, causing...
Read MoreInitial Client Interview: What Personal Injury Victims Can Expect [Video]
Typically, personal injury victims do not have experience with the legal process, and therefore do not know how to proceed after being injured....
Read MoreSeeking Compensation for Coccyx or Sacral Fractures
A coccyx or sacral fracture is not a common injury; however, it can have a large impact on a person’s ability to carry out their regular activities of living, including their ability to...
Read MoreDo You Understand the Definition of Disability in Your Group Insurance Policy?
I recently wrote about the importance of fully understanding your long term disability group insurance policy....
Read MoreHow Parents Can Assist Children with Brain Injuries in Returning to School
Children who have experienced a traumatic brain injury (TBI), ranging from mild to severe, are more likely to face difficulties when returning to school after the incident or after a period of...
Read MoreWhy You Must Fully Understand Your Long Term Disability Group Insurance Policy [Case Study]
Misunderstanding your long term disability (LTD) group insurance policy can result in a great deal of stress if you are ever in a position to require those benefits. Unfortunately, your LTD policy may not be as straightforward as you...
Read MoreRoger R. Foisy Appointed to the Ontario Brain Injury Association Board of Directors
Over my years as an Ontario personal injury lawyer, I have seen the impact brain injury has had on many of my clients. Due to this, I have become a passionate advocate for brain injury awareness and I have completed courses from Brock University in Neurorehabilitation, Advanced Brain Injury...
Read MoreDo You Know the Truth about Auto Insurance in Ontario?
Today, I would like to draw your attention to the Ontario Trial Lawyers Association’s (OTLA) website about auto insurance. This website, truthaboutinsurance.ca, shines a much-needed light on the activities of the auto insurance companies and policy makers in the past 15...
Read MoreOntario Trial Lawyers Association Against New Auto Insurance Regulations
My team and I recently attended an Ontario Trial Lawyers Association (OTLA) event, Driving for Success: Maximizing Your Auto...
Read MoreWhat Can I Expect at an Examination for Discovery? [Video]
My personal injury and insurance disability clients often have many questions about what to expect during the Examination for Discovery...
Read MoreThere’s No Such Thing as “Just a Concussion”
Recently, an article in CBC News came to my attention about a 17 year old girl who ignored concussion symptoms, leading to her death. I am always saddened by news like this. Especially when people ignore concussions because they think it’s “just a concussion”. It is never “just a...
Read MoreNew Ontario Budget Sides with Auto Insurance Companies over Accident Victims … Again
The 2015 provincial budget was announced on April 23, claiming to bring adjustments and reforms to the Ontario auto insurance industry. Initially, this sounds like a positive change. For the past 5 years, MPPs have passed bills regarding auto insurance that takes away their constituents’...
Read MoreSeeking Compensation for a Temporomandibular Joint (TMJ) Injury
As an Ontario personal injury lawyer, I have helped many clients with temporomandibular joint (TMJ) injuries receive the proper compensation. Through my years of experience, I have seen the serious impact TMJ injuries have on a person’s ability to carry on with their regular activities of...
Read MoreMyths and Facts about Child Brain Injuries [Infographic]
If you or a loved one sustains a traumatic brain injury – whether it is mild, moderate, or severe – it is a difficult time in your life. Brain injuries often require extensive rehabilitation, and can have long lasting...
Read MoreHow an Occupational Therapist Can Help Personal Injury Lawyers Achieve a Favourable Settlement
If you or a loved one sustains a serious injury as a result of negligence from another party, you may need to employ a personal injury...
Read MoreDealing with Difficult People Workshop
As a personal injury lawyer, it is important for me to cultivate this skill. In my role as lawyer and negotiator, I encounter challenging situations every...
Read MoreBill 15: Changes to Ontario Auto Insurance Regulations Hurt Motor Vehicle Accident Victims
Bill 15, The Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, has recently passed in...
Read MoreInsight from the 2015 Traumatic Brain Injury Conference in Toronto [Video]
On January 30, 2015, I will be attending the annual Traumatic Brain Injury Conference hosted by the University Health Network (UHN) Toronto Rehabilitation...
Read MoreOntario Trial Lawyers Association 2015 Long Term Disability Conference
Today, January 23, 2015, I am attending the Ontario Trial Lawyers Association (OTLA) Long Term Disability Conference: Good Practices and Bad Faith From Coast to...
Read MoreHow Employers Can Become a Cause of Long Term Disability Claims
As an Ontario Long Term Disability Lawyer, I have helped many clients settle long term disability (LTD) insurance claims. Through this experience, I have observed that the majority of my LTD clients are making claims due to disabilities related to the...
Read MoreMerry Christmas and a Happy New Year!
Roger R Foisy and his team of personal injury lawyers would like to wish everyone a Merry Christmas and a Happy New...
Read MoreSeeking Compensation for a Knee Injury
As an experienced Ontario Personal Injury Lawyer, I have represented many clients suffering from knee injuries and have ensured that they received proper...
Read MoreThe Long Term Disability Insurance Process and Why It Can Fail
Many people with valid long term disability (LTD) claims are denied. Why does this happen? Shouldn’t our system have processes in place to ensure that those who need long term disability receive...
Read MoreSeeking Compensation for a Basal Skull Fracture
In my experience as an Ontario Personal Injury Lawyer, I have assisted several clients with basal skull fractures and ensured that they received proper compensation. As the injury involves damage to the brain, a basal skull fracture can cause significant problems for victims in their daily...
Read MoreWhy Insurance Companies May Have You Under Surveillance (And How You Can Lose Your Long Term Disability Compensation)
When you have made a claim for or are receiving long term disability insurance benefits, insurance companies will often look for reasons to deny or terminate your disability benefits. It is in their best interest to demonstrate that you are fit for work and do not require ongoing disability...
Read MoreSeeking Compensation for an Ankle Injury
Throughout my years as an Ontario Personal Injury Lawyer, I have helped many clients with ankle injuries receive proper compensation. Unfortunately, many people do not think an ankle injury is particularly serious; however, I have found that this type of injury can have a large impact on a...
Read MoreDistracted Driving Causes Motor Vehicle Accidents
The Toronto Sun has published yet another saddening article about driving while distracted by a cell phone. It tells the story of a teen in 2009 who lost control of his car and died after reaching for a ringing phone....
Read MoreTake the ‘Heads Up: Concussion in Youth Sports’ Free Online Training Course
We can often take it for granted that kids will get concussions when they play sports growing up. We think, “It’s just a concussion”. We brush it off. Unfortunately, many people don’t know that a concussion is actually a mild traumatic brain injury (mTBI). Mild traumatic brain injuries can...
Read MoreLong Term Disability: Why Is It Difficult to Receive Funding for Psychological Disabilities?
Long term disability (LTD) occurs when you are unable to work due to an injury or an illness. Those who suffer from injury or illness and have previously purchased disability insurance are able to submit an LTD claim through their disability insurer, which gives them a degree of financial security...
Read MoreCompensating for the Emotional and Psychological Impact of Scar, Burn, and/or Disfigurement Injuries
Scar, burn, and disfigurement injuries are different from other types of injuries that I, as a personal injury lawyer in Ontario, help clients receive compensation...
Read MoreDon’t Neglect to Renew Your Driver’s Licence
Renewing your driver’s licence is a simple process – and it can save you from facing expensive insurance issues, should you get in an accident while your licence is...
Read MoreCoping with the Emotional and Psychological Impact of a Mild Traumatic Brain Injury [Video]
If you’ve experienced a mild traumatic brain injury, it’s important to know that your emotional and cognitive symptoms are completely...
Read MoreFinding the Right Team for Your Mild Traumatic Brain Injury [Video]
When you have suffered a mild traumatic brain injury (mTBI), it is critical to have the right team of specialists at your side to help you through the rehabilitation...
Read MoreDaily Court Information Now Available Online in Ontario
The Superior Court of Justice and Ontario Court of Justice have created a new online resource to make it easier for people to know when and where they need to go to court across Ontario. This service publishes the daily court lists for these two bodies, including: Case name Names of those involved...
Read MoreSeeking Compensation for a Rotator Cuff Injury
Over my years as a personal injury lawyer in Ontario, I have helped many clients with rotator cuff injuries receive the proper compensation. Through this experience, I have seen how rotator cuff injuries can have a widespread impact on a person’s daily activities of...
Read MoreTrying to Access Your Own Medical Records in Ontario? Be Prepared to Pay.
Ontario residents are being charged excessive fees by pharmacies and medical offices simply to obtain their own medical records. Although this is a topic I have addressed before, it unfortunately continues to be an issue. A recent article in the Toronto Sun by Alan Shanoff, “Our information,...
Read MoreChanges to Prejudgement Interest at the Expense of Motor Vehicle Accident Victims
The recent Bill 171 “Fighting Fraud and Reducing Automobile Insurance Rates Act” introduced by Ontario’s Minister of Finance, proposes reducing the amount of interest insurers must pay on compensation owed to motor vehicle accident (MVA) victims. Currently, the interest rate is 5%, but under...
Read MoreAccessing Funding for Medical Rehabilitation after Suffering a Mild Traumatic Brain Injury in a Motor Vehicle Accident [Video]
If you, or a loved one, have been injured in a motor vehicle accident, it is important to understand the different levels of funding available to you. The funding you receive is dependent on the severity of your injuries; therefore, it is essential to recognize what your symptoms may mean so you...
Read MoreGlobal Brain Awareness Week 2014
This week, March 10-16 2014, is Brain Awareness Week (BAW). Through my experience as a personal injury lawyer, I know firsthand the importance of understanding the facts about brain injury. I have created many educational resources about brain injury, including blogs, videos, a FAQ, and a glossary....
Read MoreSidewalk Disrepair Leads to $107,765 Settlement for Injured Woman
The Ontario Superior Court of Justice recently awarded a $107,765 settlement to Glenda Grayling following a fall on November 25, 2009 on a Caledonia city sidewalk. Glenda and Kevin Grayling alleged that Mrs. Grayling’s fall was caused by the defendant’s negligence. The defendant in the case was...
Read MoreWhy are Mild Traumatic Brain Injuries Often Missed? [Video]
Mild traumatic brain injuries (mTBI) are often missed by both the injured person and medical practitioners. In the following video, I explain the reasons why mild traumatic brain injury is typically...
Read More5 Reasons Why Substance Abuse is Linked to Brain Injury
Substance abuse is the overindulgence in, compulsive use of, or dependence on drugs and/or alcohol, particularly to the point of interference with work, home, or social life. Any substance use by an individual who has suffered from a traumatic brain injury (TBI), including a mild traumatic brain...
Read MoreChanges to Accident Benefits for Vehicle Collision Victims in Effect as of December 17, 2013
In December 2013, the government quietly passed regulations that change accident benefit insurance for motor vehicle collision victims. These alterations came into effect on December 17, 2013. Unfortunately, the changes are not to the benefit of those seeking personal care following an injury in a...
Read MoreWhat is a Mild Traumatic Brain Injury (mTBI)? [Video]
Brain injuries are classified mild, moderate, or severe. The leading causes are vehicle-related collisions, falls, sports injuries, and assaults. Of these brain injuries, 70-90% are considered “mild”. It is important to realize, however, that there is nothing “mild” about a traumatic brain...
Read MoreLife Changes: Living with a Loved One Suffering from an mTBI
Mild traumatic brain injury (mTBI) does not only affect those who suffer the injury. That said, of course the person who is injured will be extremely impacted by the injury; however, it is important to realize that the lives of their close friends and family will also be changed. If you are a loved...
Read MoreUsing the PQRST to Accurately Describe Pain to Your Doctor [Video]
It is very important to effectively describe the pain you feel to your doctor. Without an accurate description, reporting that you are experiencing “pain” will not help the doctor assess your condition. Furthermore, a vague description does not properly convey how your pain is affecting your...
Read MoreA Silent Epidemic: Minor Traumatic Brain Injury – Science Daily
A recent article in Science Daily outlines a literature review from the Journal of the American Academy of Orthopaedic Surgeons (JAAOS) that focuses on mild traumatic brain injury (mTBI) as a common, but often overlooked, condition. The study was based in the U.S., but I think that Canadians will...
Read MoreHow to Cope with Grief after Brain Injury
Brain injuries, even those classified as “mild” traumatic brain injuries (mTBI), can have significant short and long-term impacts on the injured person’s life and the lives of their loved ones. It is completely normal and healthy to find yourself grieving after you or someone you are close to...
Read MoreThe Next Five Reasons an Insurance Company Will Deny Your Long-Term Disability Claim [Video]
In our previous video, we explained the first five reasons why an insurance company might deny your long-term disability claim or terminate your benefits. Click here to see it. Today, our video is concerned with the next five common reasons why insurance companies deny long-term disability claims....
Read MoreBack to School – In Case of Emergency Program
School will begin once again in September, and many parents worry about what will happen if their child is injured on the daily travel to and from school – particularly when the child is not accompanied by an adult. Unfortunately, accidents are a part of day-to-day life. Being prepared can make...
Read MoreWhat You Need to Know About Sports-related Injuries: Mild Traumatic Brain Injuries and Concussions
The first thing you need to know is that concussions are mild traumatic brain injuries (mTBI). Do not let the word “mild” fool you; nothing about any brain injury is “mild”. Although motor vehicle accidents and falls are the two main causes of mTBI, sports-related injuries must not be...
Read MoreThe First Five Reasons an Insurance Company Will Deny Your Long-Term Disability Claim [Video]
If you are not able to work due to an injury or an illness, it is very important for you to be aware of the main reasons why an insurance company may deny your long-term disability claim. With knowledge of the five most common reasons why claims are denied, you may be able to avoid...
Read MoreCauses and Effects of Acquired Brain Injury [Infographic]
As an invisible condition, so few people are aware of the facts about acquired and traumatic brain injury. We have created this infographic to help highlight some of the causes and effects of this condition. We hope this resource will spark further discussion about this complex...
Read MoreThe Human Brain and Traumatic Brain Injury [Video]
The following video from brainstreams.ca – an online resource for Canadians dealing with brain injuries and their loved ones – is an excellent overview of the importance of brain injury awareness. This brief, 1 minute video teaches us that there are 165 000 brain injuries in Canada every year,...
Read MoreWhat Are the Symptoms and Effects of a Traumatic Brain Injury?
If you or a loved one has recently been in an accident and suffered a traumatic brain injury (TBI) as a result, you may not know what to expect. It is particularly difficult to predict because no two brain injuries are the same. The signs and symptoms of a TBI can be subtle. In fact,...
Read MoreJune is National Brain Injury Awareness Month in Canada
The Brain Injury Association of Canada (BIAC) has chosen June as National Brain Injury Awareness month. As with America’s brain injury awareness month, which took place in March, June is a time to educate ourselves on brain injury. Resulting from a blow to the head or penetrating injury (e.g....
Read MoreFatal Accidents and Understanding Grief [video]
Losing a loved one in an unexpected circumstance, such as a vehicle accident, is extremely difficult. People who were close to the deceased often wonder why their grief seems to feel so much more potent when someone else is to blame for the accident. Tragic, unexpected events are more shocking and...
Read MorePreventing Child Injury: National Summer Safety Week
The Canadian Safety Council has designated May 1st – 7th as National Summer Safety Week. It’s the perfect opportunity to strive toward child injury prevention and educate ourselves about safety. The unfortunate reality is that injury is the leading cause of death for children in Canada, with an...
Read MoreCoping with Grief from the Loss of a Loved One [video]
Coping with the loss of a loved one can be one of the most difficult things that any of us have to go through in our lives. Particularly in the case of fatal accidents, when the loss is unexpected. Our video today is a brief departure from issues of law, as we think it is...
Read MoreMarch is Brain Injury Awareness Month
March has been designated brain injury awareness month by the Brain Injury Association of America (BIAA). Brain injuries can affect a person’s cognitive abilities, emotional responses, and overall personality. Traumatic brain injury (TBI) can result when a person experiences a blow to the head,...
Read MoreWhat You Need to Know about Fatal Accident Claims [video]
What do you need to know about fatal accident claims? The loss of a loved one is devastating, and the thought of pursuing legal action in a time of grief may seem intimidating. Although no amount of compensation can begin to make up for your loss, knowing your legal options can help to make the...
Read MoreWhat is Long Term Disability Insurance? [Video]
What is long term disability insurance? Many people aren’t aware of their options when faced with a long term injury or illness. Insurance companies have rules and regulations which make it difficult to navigate through the claims process, and time limitations can block legitimate claims. It is...
Read MoreHighway 401 Multi-Vehicle Collision 2013
Last Friday, January 25, 2013, Southern Ontario experienced a multi-vehicle accident on the 401 near Newcastle. As the busiest highway in North America, the 401 can become dangerous in poor weather conditions – such as the snow on Friday afternoon. The high volume of traffic, the slippery road...
Read MoreA Meaningful Book for Beginning the Healing Process
Because we have grieving clients who have suffered the devastating loss of a loved one, we have begun to provide complimentary copies of this helpful book, I Wasn’t Ready to Say Goodbye by Brook Noel and Pamela D. Blair, PhD. Highly Readable and Sensitively Written The twenty-four chapter book...
Read MoreThe Increasing Relevance of Social Media in FSCO Arbitration
A 2012 appeal decision by the Financial Services Commission of Ontario (FSCO) confirms that Facebook can be damaging to motor vehicle accident insurance claims. This appeal confirms an earlier decision that limited access Facebook photographs are relevant in assessing accident benefits...
Read MorePedestrian Death Review Calls for Pedestrian-Friendly Roads
After 95 pedestrian deaths in 2010, Ontario’s Chief Coroner undertook a Pedestrian Death Review in order to make recommendations for improved road safety. The review is clear that drivers of motor vehicles are not solely to blame. Pedestrian behaviour and unaccommodating road design...
Read MoreInsurance Arbitrator Awards Medical Marijuana
The Financial Services Commission of Ontario has awarded a catastrophically injured motor-vehicle accident victim medical benefits for the purchase of medical marijuana. The victim’s insurance company is to make payments of $567.60 per month. In 2000, the applicant suffered a major head...
Read MoreB.C. Court Rules that Private Facebook Photos to be Disclosed in Personal Injury Case
The British Columbia Supreme Court declared that Facebook photos of the accident victim vacationing and playing sports must be handed over in order to better evaluate her personal injury claim stemming from a motor vehicle accident. After a 2008 motor vehicle accident in which Tamara Fric sustained...
Read MoreMaximum Attendant-Care Benefit not Limited to Extent of Economic Loss
When in a motor vehicle accident, regardless of fault, you are entitled to accident benefits from your insurance company. One benefit is for ‘attendant care,’ which covers daily-care expenses if you are no longer able to care for yourself. The amount of attendant-care benefits depends on...
Read MoreUnderstanding Your Legal Options for Accidental Injuries in Ontario [video]
[Video Below] It is important to know what your legal options are if you have been injured in an accident in Ontario. There is a potential case for a lawsuit for virtually anything, so you should ask yourself if it makes sense to start a lawsuit. This should really depend on the severity of your...
Read MoreIntroducing our In Case of Emergency (ICE) Program
Accidents and illness are an unfortunate reality of our daily life. Being prepared in the event of an accident or sudden illness, such as a car accident or heart attack, will allow first responders to make the best of a difficult situation. As part of our on-going commitment to the local community,...
Read MoreSchool Bus Driver that Hits Child is not Found Negligent
As children start heading back to school it is beneficial to reflect on the issue of road safety. While children may act and play as though they are invincible they most certainly are not. Whether children walk to school, get a ride or take the bus there is still a risk. For all parents it...
Read MoreCombining Physical and Psychological Impairments in Catastrophic Impairment
If suffering serious injuries from an accident, the method for assessing catastrophic impairment should be more inclusive according to an Ontario Court of Appeal decision. An assessment of physical and psychological impairments should be allowed to be combined in determining if someone suffers from...
Read MoreCritique of Proposed Mandatory Helmet Law
Critics of the proposed mandatory helmet law in Ontario suggest that there may be negative repercussions if the government chooses to adopt it. A report from the Office of Ontario’s Chief Coroner which made recommendations on how to reduce the injuries and fatalities of cyclists has prompted...
Read MoreCycling Review Calls for Mandatory Use of Helmets for Cyclists
A report from the Office of Ontario’s Chief Coroner has made recommendations on how to make the roads safer for cyclists. The recommendations include a ‘complete streets’ approach which focuses on the (re)development of communities by taking into account the safety of all road users,...
Read MoreUnderstanding What Insurance is Readily Available to You in Ontario After a Car Accident [Video]
What is important to know about automobile insurance coverage after you have been involved in a car accident in Ontario? The primary concern arising from a motor vehicle collision is to protect your legal rights for any future claims you may have resulting from this collision. In Ontario, every...
Read MoreSupreme Court of Canada Rules that Tree-Falling Fatality is a Motor Vehicle Accident
The Supreme Court of Canada has ruled in the city’s favour after a rotted tree which the city owned fell onto a car killing the driver Gabriel Rossy. Despite the coroner’s report that stated the victim’s death was preventable as the city failed to maintain the rotten tree – in this case...
Read MoreStay Safe This Summer
With summer now underway many are looking forward to road trips, visits to the cottage, BBQ’s and swimming. Unfortunately, the reality is that during the summer months the top causes for accidental death in Ontario include falls, motor vehicle accidents, alcohol and drug use, and drowning. Using...
Read MoreThe Benefits of Having an ‘Umbrella’ Policy in Your Insurance Coverage
When choosing to purchase insurance the option of an ‘umbrella’ policy should be considered. ‘Umbrella’ policies essentially provide extra protection in the event that damages are owed to you due to injuries suffered, such as in a motor vehicle accident. If the at-fault driver does not have...
Read More‘A Night to Make Music Matter’ Charitable Show
Music has the power to change lives. That is the belief that gave rise to the organization Make Music Matter (formerly Song for Africa). This registered charity uses music to educate and address human rights issues in struggling African nations and empower those whose lives are affected. Metalworks...
Read MoreFSCO Against Combining Physical and Psychological Impairments to Determine Catastrophic Impairment
Seriously injured claimants may find it more difficult to access the motor vehicle accident benefits they need if the recent recommendations from Ontario’s insurance regulator are adopted into legislation. The recent report by the Financial Services Commission of Ontario (FSCO) finds that there...
Read MoreNew Definition of Catastrophic Impairment
Expected Changes to Availability of Auto Accident Benefits with New Definition of Catastrophic Impairment. With a new and more limited definition of catastrophic impairment potentially going to be implemented by the Ontario government, there is a deep concern that those who suffer serious injuries...
Read MoreShould I Hire A Personal Injury Lawyer? [Video]
Should I hire a Personal Injury Lawyer in Ontario or deal directly with the insurance company? Many people are concerned about lawsuits and are especially fearful about having to testify in a court of law. As a result, injured parties often settle their claim directly with the insurance company...
Read MoreHow Ontario Injury Lawyer Fees are Determined [video]
Lawyers are governed by the Law Society of Upper Canada, but that being said, lawyers are not regulated on how much they can charge you on a per hour basis. It is a free market based on experience, as well as supply and demand. There are some exceptions to this rule when it comes to...
Read MoreHow Personal Injury Settlement Values are Determined in Ontario [video]
How do lawyers come up with personal injury settlement values in Ontario? In other words, how much is your case worth? There are two critical factors that maximize the value of any settlement: Your personal situation How your lawyer approaches your case Your personal situation is of...
Read MoreSocial Media no Friend to Insurance Litigants
In a recent interview with the Law Times, a leading Canadian Law publication, Roger Foisy warned that insurance companies are looking for evidence online – and in particular in social media platforms to dispute litigant claims. Online media in the form of a picture, video or text may conflict a...
Read MoreRoger R. Foisy Slams Cost of Medical Records
Roger Foisy was recently interviewed by one of Canada’s leading law publications, the Law Times, on the issue of excessive fees charged by pharmacies and medical offices for providing client medical records. The concern with these charges is they are out of line with the time spent retrieving and...
Read MoreSocial Media and Its Risks to Employers
In a society where checking Facebook or accessing Twitter becomes a daily habit, it is safe to assume that employees visit these types of sites during work hours and on work designated devices, like smartphones or laptops. It is also safe to say that these social media outlets are used daily for...
Read MoreWinter Tires: Could You Be Found Negligent?
Did you know that in Ontario you could be found negligent if you are in a car accident in the winter time and found to be driving without winter tires? In the province of Quebec it is actually illegal to drive in the winter time without winter tires. Multiple studies have shown the benefits of...
Read MorePreserving social media evidence without informing our clients. Is this where the law is headed?
In today’s day and age, social network sites have become more prevalent in society, so much so that it now plays a part in court decisions. In a recent motor vehicle accident decision in Sparks v. Dube, [2011] N.B.J. No. 38, a New Brunswick court ordered the plaintiff’s lawyer to retain a...
Read MoreLawyer Contingency Fee Agreements: Doing it Right
A contingency fee agreement or retainer is defined as an agreement made between the lawyer and their client where the fee for services is only payable when there is a favourable result. This means that the lawyer is not paid until the case is settled in the plaintiff’s favour or a court...
Read MoreConflicting Limitation Periods for Car Accident Insurance Claims
The car accident insurance case, Whorpole Estate v. Echelon General Insurance Co., [2011] O. J. No. 1644 (S. C. J.) has brought up the issue of conflicting limitation periods, where more than one limitation period exists and a decision must be made over which applies. In particular, this case shows...
Read MoreDefining ‘Minor Injury’ in Personal Injury Motor Vehicle Cases
In September 2010, the Ontario Liberal government dramatically reduced the amount of medical and rehabilitation benefits available for injured people. For most Ontario car accident victims, the amount of available rehab money dropped from $100,000 to $3,500 with the introduction of the Minor Injury...
Read MoreImmediately After a Motor Vehicle Accident
Immediately after a car accident or other motor vehicle accident there are few important things you need to consider: Keep your composure: It is important that you remain calm. Do not argue with other drivers and passengers. Save your story for the police. Do not leave! If you leave the scene of an...
Read MoreInsurance Does Not Mean You Cannot Be Sued
If you have car insurance this does not mean that you can’t still be sued personally if you are involved in a car accident. Your insurance company will only cover you up to the amount of insurance coverage you have. Many people are under the impression that they purchase insurance to protect...
Read MoreWhat are No Fault Insurance Benefits?
There is a common misconception that ‘no fault’ insurance means that after a car accident no one is held to be at fault. This is not the case and the expression ‘no fault’ can be somewhat misleading when it comes to injuries resulting after a motor vehicle accident. When someone is involved...
Read MoreImmediately After a Car Accident
Immediately after a motor vehicle accident, families may often find themselves having difficulties dealing with the sometimes overwhelming emotions they feel for the loved one involved in the car accident. It is at this moment, during the crisis, that things like taking care of making phone...
Read MoreI thought “AB” was just two letters in the alphabet and “Tort” was some kind of Pie?
After a car accident has claimed the life of a family member, individuals will seek legal advice to determine whether or not they can sue the driver of the other vehicle. A lawyer may during a free initial consultation inform the family members of two major aspects of any case. After a...
Read MoreFacebook, YouTube, Twitter and other Social Networks – Risky Business?
When it comes to companies providing you with insurance, the job of the ‘underwriter’ is to assess the risk you present to the insurance company should they decide to insure you. Things like age, drinking, smoking, medical history, family history of medical issues etc… may be taken into...
Read MorePutting a Stop to Phantom Clients Forever
The courts have made a distinction between a solicitor-client relationship and a solicitor-client retainer. The relationship is established when the prospective client has his or her first consultation with the lawyer or law firm about retaining services. The relationship is often established...
Read MoreIs File Handling one of Your New Year`s Resolutions?
You enter your office and you sit at your desk. A letter addressed to you “personal and confidential” stares you in the face. You open it and read the allegations against you. You feel personally and unjustifiably attacked. Your hands perspire and you call for the file to reassure...
Read MoreYoung People and Fatal Car Crashes – Too Easily Becoming A Statistic
Car Crashes are the leading cause of death for teens or young adults in Canada and in the United States. In Canada, Statistics Canada reported that from the years 2000 through to 2004, motor vehicle crashes causing death accounted for 1.3% of all deaths in Canada; however, 17.3% of all deaths...
Read MoreShould you be Increasing Your Automobile Liability Coverage
Most Ontario automobile owners purchase higher third party insurance liability limits than the mandatory minimum coverage of $200,000. However, I suggest that the reason a consumer chooses higher coverage (usually $500 thousand or $1 million) is only due to the fact their insurance agent suggests...
Read MoreCar accident benefits – It is time to pay attention to your auto policy!
Car accident benefits have been slashed up to 50% and some benefits have been eliminated — how will accident victims be able to cope? My clients almost always tell me that before their car accidents, they thought insurance was both boring and confusing. For these reasons they...
Read MoreNew Drinking And Driving Measures May Help To Prevent Fatalities
Ontario is making the province’s roads safer for all Ontarians with new changes that will help protect young and novice drivers. Starting August 1, all drivers 21 years of age and younger must have a zero blood alcohol level when they get behind the wheel or face: An immediate 24-hour licence...
Read MoreHow does Ontario measure up in Canada when it comes to motor vehicle accident deaths?
The Ontario Government and Ontarians alike have been suggesting that fatal car accidents have been on the rise. Despite the ever-increasing number of vehicles on the roads, half as many Canadians were killed in a motor vehicle accident in 2004 as there had been 25 years...
Read MoreStrongly consider increasing your No-fault Insurance Benefits – What you need to know about changes to auto insurance in Ontario
The Ontario government is introducing significant reforms to the auto insurance system, if you have never taken the time to consider the differences you can expect from your now Standard Auto Insurance Policy and what it will look like on September 1, 2010, it is imperative you take the time NOW:...
Read MoreThe McGuinty Government’s New Changes to the Ontario Auto Insurance Regulations in the fall of 2010
A Quick Summary of the Changes Accident benefits for non-catastrophic injury claims will undergo some major changes, including: • Caregiver Benefits – The $250 per week, plus $50 per additional person in need of care will be eliminated • Medical and Rehabilitation Benefits – These...
Read MorePersonal Injury Law and Social Media
Beware personal injury and insurance clients when it comes to social media sites like FaceBook, MySpace,YouTube and many other sites which are popping up every day. Posting personal information about yourself and your immediate family members including photographs or video can easily undermine...
Read MoreFibromyalgia & Chronic Fatigue Syndrome Disability Claims
Fibromyalgia and Chronic Fatigue Syndrome can be devastating disabilities to experience. Fibromyalgia is a rheumatic disease resulting in a number of symptoms, including pain tender/trigger points, difficulty with sleeping, concentration and a host of other symptoms. Fibromyalgia can affect both...
Read MoreKeep Insurance Up-dated for Peace of Mind
Planning on lots of driving this summer? Heading up to the cottage this summer? Planning on a “see Canada” road trip vacation? A tune-up for your car before any big driving vacation is always a good idea but what about a “tune-up” for your insurance? Before you pack, it’s always a good...
Read MoreAre You Increasing Your Liability Insurance Coverage?
Should you be Increasing Your Liability Coverage? Most Ontario automobile owners purchase higher third party insurance liability limits than the mandatory minimum coverage of $200,000. However, I suggest that the reason a consumer chooses higher coverage (usually $500 thousand or $1 million) is...
Read MoreMotor Vehicle Insurance Housekeeping Benefits
Housekeeping and Home Maintenance Benefits – What you need to know about your Insurance Policy Accident Benefits if you have been involved in a motor vehicle collision Many individuals who have suffered injuries as a result of a motor vehicle accident in Ontario have come to realize that their...
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