Author Archives: Admin4

Man caught driving with tablet, cellphone tied to steering wheel

A driver who was caught with his tablet computer and cellphone tied to his steering wheel was apparently surprised to learn that constitutes distracted driving.

Vancouver police pulled the man over Wednesday morning after an officer spotted him wearing headphones near Cambie Street and Broadway.

http://bc.ctvnews.ca/man-caught-driving-with-tablet-cellphone-tied-to-steering-wheel-1.3680127

Judge denies separate housework award in auto injury lawsuit

A claim for interference with homemaking capability “must be scrutinized carefully” in an auto personal injury lawsuit, a British Columbia judge suggested in a recent ruling that cites an earlier Court of Appeal for Ontario ruling.

https://www.canadianunderwriter.ca/legal/judge-denies-separate-housework-award-auto-injury-lawsuit-1004123795/

Rapid Fire Questions and Answer with Personal Injury Lawyer Brian Goldfinger

We get a lot of questions from the readers of the Toronto Injury Lawyer Blog. Some serious. Some silly. This will be a mailbag installment of our blog whereby personal injury lawyer Brian Goldfinger will respond to those questions.

https://www.torontoinjurylawyerblog.com/2017/11/rapid-fire-questions-answer-personal-injury-lawyer-brian-goldfinger.html?utm_content=buffer972e6&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Car Accident Case Testimonial – Meet Kasey

Kasey was on his way home from volunteering for a youth facility, when everything in life changed instantaneously. He was suddenly struck head-on by a drunk driver who crossed two lanes of traffic, leaving him pinned in his car. Kasey suffered numerous serious injuries, including a shattered wrist, a fractured pelvis and a dislocated leg.

https://lernerspersonalinjury.ca/clients/car-accident-case-testimonial-meet-kasey/

Accidents abroad: protect yourself part 2

In part 2 of our mini-series on accidents abroad, Kitchener litigation lawyer Graham Bennett discusses what you should do if you get into an accident abroad.

Saying “sorry” may be a stereotypically Canadian trait, but Kitchener litigation lawyer Graham Bennett says Canadians should resist the temptation to apologize if they get into a car crash outside the country.

http://www.advocatedaily.com/graham-bennett-accidents-abroad-protect-yourself-part-2-1.html

Are your Long Term Disability Benefits denied? Beware of the Insurer’s invitation to Appeal

It happens all the time: The Insurer denies long term disability benefits and invites an injured person to appeal the denial by providing more medical documentation. The truth is that the policy may not even have a formal appeal process. The Injured person may go back and forth with the Insurer for years trying to convince them through an appeal that she is entitled to Long Term Disability benefits.

http://www.carranza.on.ca/blog/personal-injury-blog/2017/10/10/are-your-long-term-disability-benefits-denied-beware-of-the-insurer-s-invitation-to-appeal

OPP targeting unsafe trucks on day honouring road crash victims

Ontario provincial police are cracking down on unsafe trucks and their drivers Wednesday, which coincides with the National Day of Remembrance for Road Crash Victims.

The commercial vehicle safety blitz is being conducted on Highway 401.

http://toronto.citynews.ca/2017/11/15/opp-targeting-unsafe-trucks-road-crash-victims/

http://rememberroadcrashvictims.ca/en/

Broad Definitions Of “Automobile” and “Accident” For Accident Benefits Claims At The LAT by Maia Abbas

Generally, most accident benefit claims start with the premise that there was an “accident” that involved an “automobile”. However, there are the exceptions which can lead to a perusal of a dictionary and a second or even third look at well-worn copy of the SABS. Two recent decisions from the LAT stand out as such: I.C. and Intact, 2017 CanLII 69443 and B.M. and Aviva, 2017 CanLII 69451.

http://ztgh.com/resources/blog/broad-definitions-of-automobile-and-accident-for-accident-benefits-claims-at-the-lat-by-maia-abbas

Private member’s bill raises concerns about pedestrian liability

Toronto personal injury lawyer Paul Cahill tells The Lawyer’s Daily that a proposed private member’s bill designed to boost awareness about distracted walking raises some concerns.

Cahill, a partner with Will Davidson LLP, says the bill, which would enforce fines much like the ones imposed on distracted drivers, puts pedestrians in a position of fault if they look at their phone and an accident occurs.

http://www.advocatedaily.com/paul-cahill-private-members-bill-raises-concerns-about-pedestrian-liability.html

Defendant’s Loss was not discoverable on the day accident occurred – two year limitation period begins once loss is discoverable

Patrick Moriarty brings a motion for summary judgment for an order dismissing Constance Moriarty’s claim on the ground that it was initiated beyond the two-year limitation period provided by the Limitations Act.

Constance Moriarty was involved in an All-Terrain Vehicle accident on October 13th, 2012.  The vehicle was driven by the Patrick.  She suffered a back injury, fractured ribs, and multiple broken front teeth.  She underwent 2 back surgeries and had to undergo rehabilitation.  She has never returned to her employment. The present action was stared on November 19th, 2014.

https://www.deutschmannlaw.com/blog/post/defendants-loss-was-not-discoverable-on-the-day-accident-occurred-two-year-limitation-period-begins-once-loss-is-discoverable