If you have been injured because of another person’s actions, it is likely that you are considering hiring a personal injury lawyer. This is an important consideration as it can have a significant impact on the outcome of your claim.
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Pedestrians involved in a car accident should be cautious when settling their claim. In particular, settlement of a catastrophic Statutory Accident Benefits(SABS) claim prior to the negligence trial can be risky. The recently released decision in Cadieux v. Saywell, 2016 ONSC 7604 (CanLII) is a perfect example of why this may not always be advisable where there are multiple defendants and a possibility your client will be found partially at fault for their injuries.
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Following settlement of your injury claim, there may be other parties entitled to part of your settlement: your Group Benefits Insurer/Extended Health Insurer, Ontario Disability Support Program, and the Ontario Health Insurance Plan (OHIP) to name a few.
The purpose of car insurance and accident benefits is consumer protection legislation. This seems like a stretch goal (pardon the Kathleen Wynnism) considering the way the law actually works, and how the law has evolved such that the scales of justice are tipped so far in favour of insurers, it makes it almost miraculous if a Plaintiff succeeds at trial.
Doctors are experts at diagnosing problems and designing solutions. They spend years understanding patients, communities and the health-care system in those communities. So I listen when those same doctors warn: “Health care is at a point now that it’s no longer a question of if a patient will suffer — but a question of when.”
In Ontario, the availability of dates for civil trials of any complexity is in a crisis state — but as Toronto lawyer and arbitrator Earl Cherniak writes in The Lawyer’s Daily, there are two possible ways to address this problem.
The federal government should learn from Ontario’s mistakes when it comes to accessibility legislation, according to advocates who practise in the burgeoning area of disability law.
Ontario became the first Canadian province to pass a law on the subject in 2005, when the Accessibility for Ontarians with Disabilities Act set standards designed to remove barriers for disabled people in the realms of employment, goods, services, buildings and more within two decades.