About: Roger Foisy
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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 mail to the Municipality if the fall occurred on a municipal sidewalk or roadway. For all other properties, you have ONLY 60 DAYS to provide written notice by registered mail to the property owner or responsible maintenance contractor.
Action Against Ontario Municipalities
The Municipal Act states that no action shall be brought for the recovery of damages against a municipality unless written notice of the claim and of the injury has been hand-delivered or sent by registered mail to the municipal clerk’s office within 10 days after the occurrence of the injury.
Failure to give notice may not prevent you from taking legal action but only if a judge finds that there is reasonable excuse for the insufficient notice and that the municipality is not disadvantaged in responding to your claim. This places the onus on you to prove and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 10 days’ notice requirements mentioned above.
Action Against Property Owners and Maintenance Contractors
Under the new Section 6.1 of the Occupiers’ Liability Act, no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier or a maintenance contractor retained to remove snow and ice unless written notice of the claim (including the date, time and location of the occurrence) is provided within 60 days after the occurrence of the injury, except in the case of death of the injured person as a result of the injury.
Written notice is to be hand-delivered or sent by registered mail to at least one of the occupiers of the premises, or the independent contractors employed to remove snow or ice on the premises.
As with municipalities, failure to give notice may not prevent you from taking legal action but only if a judge finds that there is reasonable excuse for the insufficient notice and that the occupier and/or the independent maintenance contactor is not disadvantaged in responding to your claim. This once again places the onus on you to prove and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 60 days’ notice requirements mentioned above.
If you’ve been injured in Ontario from a slip, trip, and fall due snow or ice, you must act quickly. contact us and speak to one of our lawyers.
We can help you get the settlement you deserve!
People who are suffering from mental health issues tend to blame their workplace and employer for psychological distress. Focusing on your employer can undermine your long-term disability case because your insurer will just ask you to change where you work.
You are dealing with more than just the general stress of life. These could be issues that are happening in the world, in your home, in your personal life or a health issue such as chronic pain.
Watch our short video that explains the link between phycological distress and long term disability.
Foisy and Associates Personal Injury and Disability Law Firm represents people who are suffering from psychological distress. We have been handling long term disability claims for more than 20 years, and have a track record of success.
If your psychological distress is impacting your ability to work, contact us and speak to one of our lawyers.
We can help you get the benefits you deserve!
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 risking their lives in the fight against COVID-19.
We hope your holiday season is filled with joy, laughter, good food, and time reflecting on all the reasons to be optimistic. From the entire team at Foisy & Associates, Merry Christmas and a Happy New Year!
December 16th: Closed at 12 PM for staff virtual event
December 24th: Closed at 1 PM
December 25th – 27th: Closed
December 31st: Closed at 1 PM
January 1st: Closed
The team at Foisy & Associates continues to support the Brain Injury Association of Peel and Halton (BIAPH). BIAPH is a non-profit organization that exists for the needs of families and survivors of brain injury in the Peel and Halton Regions. BIAPH facilitates measures to promote the prevention of brain injury, improve quality/care of life, provide community education, and conduct resource searches on behalf of members.
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 real.
To see if you are suffering from chronic pain you need to ask yourself the following questions:
- Have you been in pain for more than six months?
- Are you dependent on your physician for care?
- Do you find yourself disengaged from work, recreational activities, and feeling increasingly isolated?
If you are experiencing any of the above, chronic pain might be to blame.
While it has taken several years to get there, the Supreme Court of Canada has recognized chronic pain as a disability.
Watch our short video that explains how you can qualify for long term benefits if you suffer from chronic pain.
Foisy and Associates personal injury and disability law firm represents individuals who are suffering from chronic pain. We have been handling long term disability claims for more than 20 years, and have a track record of success.
If you are facing a situation where your chronic pain was not recognized as a disability, contact us and speak to one of our lawyers.
We can help get you the benefits you deserve!
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 largest Virtual Health Advocates Education Conference in Ontario.
BIAPH’s innovative virtual platform will deliver our trademark rapid podium speakers. Delegates will have full access to all exhibitors and will be able to interact with them online through the platform.
Roger R Foisy who has served as BIAPH President since September 2019 has returned as conference chair and looks forward to holding the best conference of its kind in Canada.
We invite you to watch the lighthearted video below for more information about the conference!
The conference presents an opportunity to promote your organization and reach out to a wide variety of health care and rehabilitation professionals and advocates. Sponsorships have been in high demand.
We look forward to you attending this unique learning experience which will use a multidisciplinary approach to bridge gaps in knowledge and provide practical tips and strategies on how to effectively advocate for clients and assist in ensuring that funding for treatment is provided.
BIAPH is a non-profit organization that exists for the needs of families and survivors of brain injury in the Peel and Halton Regions. BIAPH facilitates measures to promote the prevention of brain injury, improve quality/care of life, provide community education, and conduct resource searches on behalf of members.
If you want to register for the conference or have any questions, please email firstname.lastname@example.org
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 at the two-year mark. The “two-year mark” refers to the two years after you became totally disabled from working in your occupation. Before you decide to take any action, it’s important to understand the definition of total disability before and after the two-year mark.
Before the “Two-Year Mark”: You cannot perform the essential duties of your own occupation (It does not matter where you are employed, rather the policy only looks at if you can do your occupation).
After the “Two-Year Mark”: For most policies the definition changes from being unable to perform your own occupation to being unable to perform the essential duties of ANY occupation for which you have the education, experience, and/or training. In some insurance policies, there may be a clause that further defines total disability to include your being unable earn a certain percentage of the gross income you were earning at the time of you became disabled.
Coming back to the letter you have just received from the insurance company a few months (typically 3-6 months) before the end of the two-year mark. This means the insurance company has determined that you do not fit under the second definition of total disability (“After the ‘Two-Year Mark’”). In other words, the insurance company believes that even if you cannot do your own occupation, you can work in a different occupation. As a result, you have received an advance warning that your benefits will stop at the two-year mark, or you might have received your benefits till the end of the two-year mark.
Let’s take a look at scenarios that will help better explain this.
Mark, a construction worker injured his knee on the job and the insurance company agreed he was disabled from his occupation as a construction worker because he could no longer lift heavy objects as he did before. At the two-year mark, the insurance company has now determined that Mark can work in a different occupation (e.g. a desk job), therefore he no longer fits the definition of total disability because the definition of disability changed after the two-year mark. But, a deeper look into this case reveals that Mark is unable to perform a desk job because he does not have the training, experience, or education that is required.
In Mark’s policy, there isn’t a percentage of income earned parameter and even if the insurance company does a transferable skills analysis and determines he can work as a greeter at a retail store, case law suggests that the amount of money he earns in the new occupation should be somewhat commensurate with what he was earning in his original occupation before his disability.
Therefore, given Mark’s training and anticipated pay as a greeter he may still be eligible to receive LTD benefits beyond the two-year mark.
Jane, is an advertising director for a large marketing company. Regrettably, she has been suffering from anxiety and depression which stems from family, financial, and other past mental and behavioural issues which have recently resurfaced. Her workplace has been somewhat of a poisonous work environment for a number of years. Almost 2 years ago, she stopped working when she could no longer continue working in this unhealthy work environment.
Six months before the two-year mark, Jane’s LTD insurance company advises her that she no longer meets the two-year change of definition. In other words, the insurance company believes that her education, experience and/or training will allow her to continue working in another occupation and possibly in a less poisonous working environment.
In Jane’s policy, there is a specific definition of total disability which states that Jane will be considered totally disabled if she is unable to earn at least 66.67% of her gross income at time she becomes disabled. Based on her gross income of $120,000 per year, the suggested work positions by Jane’s LTD insurance company are occupations that are more likely to pay her $40,000 to $50,000 per year and not the $80,000 per year (as stipulated in the LTD policy).
Therefore, Jane’s ability to continue to earn LTD benefits, even after deducting her wages from some other form of employment, allows her to continue to receive LTD benefits beyond the two-year mark.
When to Contact A Lawyer?
You should be contacting a lawyer as soon as you receive the denial letter, the two-year mark letter, or the change of definition letter from the insurance company. This will let the lawyer review your case at an early stage and determine whether to disagree or agree with the insurance company’s position. In most cases, the insurance company does have the evidence to substantiate its decision to terminate your LTD. Contacting a lawyer at this stage will also give them the lead time required to request and review your file, along with providing a preliminary opinion. So, when the cut-off date for your benefits arrives, your lawyer is in a position to start litigating or commencing an action against the insurance company. Waiting to contact a lawyer until after the cut-off day will cause even further delay in your ability to collect benefits as the lawyer will require time to request, receive and review your file from the insurance company as well as your health care providers.
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 the transition from student to a member of our injury and disability litigation law team following his successful completion of the bar, and we look forward to his continued growth with us.
Congratulations to Daniel from all of us at the Roger R Foisy injury law firm!
Roger R. Foisy and Associates are Ontario Personal Injury Lawyers with extensive experience in personal injury, long-term disability, and brain injury. Please contact us for immediate support and a free consultation.
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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 almost always accompanied by increase in depression, PTSD, substance use disorder, and a broad range of other mental and behavioural disorders.
COVID-19 is unique from other traumatic events because the government issued lockdown and social distancing protocols affect every person in society, not just those in direct proximity to the virus or in quarantine.
Many of us have lost our jobs while others have had to cope with stress and anxiety while working on the front lines or from home. Some of us have been exposed to the virus, either contracting it, having their loved ones falling sick, and in the worst scenario passing away.
If you are an already fragile person, the stress, anxiety, and PTSD brought on by COVID-19 may lead to your mental health deteriorating. You may no longer be able to work and can be eligible for long term disability (LTD) insurance. When applying for LTD it is important to consider that in most claims the cause of your mental health condition is not relevant.
To better understand the link between LTD and COVID-19, let us explore some scenarios.
Scenario 1: Single Parent Whose Income and/or Bonuses Have Been Cut Due to COVID-19
You are a single parent who was working a mid-level 9-5 job and was living paycheque to paycheque. Due to COVID-19, you had to take a pay cut and/or your yearly bonus was eliminated. This sudden decrease in income which you previously depended on is no longer available to you and is the reason your stress levels have increased drastically. While you were barely keeping it together before, this added stress is the straw that broke the camel’s back. Under this scenario, you are unable to continue work and could be eligible for LTD.
Scenario 2: Loved One Infected With/ Passes Away Due to COVID-19
You experience tremendous stress when your relatives or friends’ contract COVID-19 or fear that they might become infected with the virus. You research and learn about the worst outcomes associated with the virus, which leads to your mental health being impacted. Even worse, you have had a loved one pass away due to COVID-19 and you were unable to be by their side. You feel immense guilt and are unable to move beyond it. Such scenarios can lead to mental health breakdowns and have a direct impact on a person’s ability to work.
Scenario 3: You Work Close to Others
You work in a job that requires you to be close to others and all the information you have received regarding COVID-19 says you should stay at least 6-feet apart from someone else. There is trauma caused by the fear of your existing environment and this will not allow you to work anywhere else.
Scenario 4: Mental Health Deteriorates Due to Unavailability of Treatment
With psychological trauma, if you get treatment quickly you can develop strategies to cope with it. However, with COVID-19, there is a lack of psychiatric or psychological treatment available as some doctors and facilities have closed their offices and are not seeing new patients. There are options available for telephone and videoconferencing, but you are not comfortable with this and want to wait to see a medical professional in-person. The limited options available at this time for your treatment can lead to your mental health becoming worse and increase your inability to work.
The nature and response measures as a result of the ongoing COVID-19 pandemic are unprecedented in modern history. Not only does COVID-19 impact those in close proximity to the virus, but the economic lockdown and social distancing protocols affect every single person in a variety of ways. What is clear is that COVID-19 will have a profound effect on all aspects of society, including mental and physical health.
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, or email us at email@example.com.
We will follow up with you within 2 hours of your call or voice mail that is received during the regular business hours of 9 AM to 5 PM, Monday to Friday, and schedule a call or video conference to discuss your situation. By special appointment we can also schedule an appointment later in the evening or on the weekend.
We look forward to speaking with you soon.
The Roger Foisy Team
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: Closed at noon
- December 25-27: Closed
- December 31: Closed at noon
- January 1: Closed
Leading up to Christmas, we seek to support organizations that make a positive change in our communities.
- We attended the Brain Injury Association of Peel and Halton’s (BIAPH’s) Holiday Party in support of BIAPH’s programs, which helps youth and adults impacted by brain injury.
- We provide care packages to families in need in our community.
Season’s Greetings from Roger R Foisy & Associates to you and your family. Stay safe this Christmas season!
Learn about personal injury from Roger R Foisy: