Archive for 2012
A 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...
The 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...
Pedestrian 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...
Insurance 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...
B.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...
Maximum 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...
Understanding 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...
Introducing 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,...
School 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...
Combining 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...
Critique 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...
Cycling 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,...
Understanding 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...
Supreme 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...
Stay 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...
The 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...
‘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...
FSCO 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...
New 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...
Should 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...
How 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...
How 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...
Social 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...
Roger 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...
