Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident
In Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656, a person injured in a motor vehicle accident sued her father for negligent parenting for allowing her to ride with a drunk driver. The drunk driver was the father’s girlfriend, and the father was also in the car. Bradley Hunt, the father, sought a declaration that his girlfriend’s insurance company – Peel Mutual Insurance Company – had a duty to defend him in the lawsuit.
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Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704: Who is a “lessee” under priority rules? by Dakota Forster
The case arose out of a motor vehicle accident in which a rental truck, owned by rental company New Horizons aka Discount Car and Truck Rental, and insured through Aviva, was driven by one Mr. Mahamood to make furniture deliveries for a company called Fine Furnishings. Fine Furnishings was insured by Wawanesa. In the process of making his deliveries, Mr. Mahamood rear-ended one Mr. Liu. Mr. Liu sued Mr. Mahamood, New Horizons, and Fine Furnishings in a negligence claim.
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Judges & insurers disagree: Who really rented this truck?
A 2018 Ontario court ruling in favour of Wawanesa, arising from a collision involving a truck rented to deliver furniture, has been overturned on appeal.
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What to Expect at the Mediation of your Personal Injury Claim – One Lawyer’s Perspective
After years of litigation, I have noticed that clients look forward to mediation with great anticipation. It is the day they hope to see their case resolved. While not all cases settle at mediation, almost all lengthy personal injury claims involve at least one mediation before going to trial.
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2019 Ontario Highway Traffic Act Changes In Fines
I’ve written before about some changes in the rules of the road and the fines that go with infractions resulting from people breaking them. Distracted driving, for example, has increased a lot, and so have the fines, demerit points, and license suspensions no matter where you are in Ontario.
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The Challenges of Arguing Cannabinoid Treatment in Personal Injury Claims
Despite its history as a potentially effective and viable medical treatment, including but not limited to treating pain, nausea and vomiting (with less side effects than traditional medication), cannabinoid treatment was (and still is) demonized by members of the public. It is clear that additional research is needed to address the limitations and benefits of cannabinoid treatment. That said, the benefits of cannabinoid treatment are very prevalent to many people facing chronic pain and other serious illnesses.
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Back and Neck Pain After a Car Accident – What happen when your claims are denied?
Back pain is one of the most common complaints after a car accident. The sudden impact of a car crash causes serious jolts to your body. You may slam into the dashboard, the door, airbag, or the seat itself. The seatbelt locks up and causes more forces against your body, and finally the recoil from the impact also generates great force on your body and spine. These can all cause damage to your neck and back. The damage may be temporary or permanent.
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Purdue Pharma, maker of opioid painkiller OxyContin, files for bankruptcy
Purdue Pharma, the company that made billions selling the prescription painkiller OxyContin, filed for bankruptcy in White Plains, New York, days after reaching a tentative settlement with many of the state and local governments suing it over the toll of opioids.
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How to Protect Your Privacy Online
Privacy matters. Keeping our digital lives safe from prying eyes is one of the most important and critical issues that we all face in an age defined by a full-frontal assault on our right to privacy and the proliferation of mass surveillance.
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Sharing our Recovery
A quarterly newsletter designed to support victims, survivors, caregivers and loved ones of motor vehicle collisions.