Author Archives: Admin4

A recent Ontario pedestrian-accident case highlights an important legal concept that is fundamental to resolving insurance claims.

It is the “transmission of force” principle, which in multi-car accidents helps isolate the vehicle that is legally adjudged to be the root cause of the accident, and can apply to a stationary vehicle that is hit by a moving one, or to two or more moving vehicles.  By extension, the principle plays a key part in determining which of several insurers may be liable to pay for personal injury damages that may have arisen in the accident.

http://www.vandykelaw.ca/2017/10/using-the-transmission-of-force-principle-in-mva-claims/

Great news: October 6, 2017 in Personal Injury firm Smitiuch’s The Disclosure Blog states: A recent arbitration decision by the Financial Services Commission of Ontario (FSCO) has ruled that the Minor Injury Guidelines within the Statutory Accident Benefits Schedule (SABS) are unconstitutional.
In the decision, Abyan and Sovereign General [FSCO A16-002657], Arbitrator Benjamin Drory was asked to consider whether Sections 3 and 18 of the SABS unjustifiably infringe upon Sections 7 and/or 15 of the Canadian Charter of Rights and Freedoms.

http://deniedbenefitclaims.com/blog.html

Ontario drivers are paying more for auto insurance but getting fewer benefits, despite previous promises from the provincial government to reduce premiums by 15 per cent, says Toronto personal injury lawyer David Derfel.

“It was a bait and switch,” says Derfel, founder and principal of Derfel Injury Law LLP.

http://www.advocatedaily.com/david-derfel-insurance-rates-continue-to-climb-as-benefits-go-down.html

TORONTO, Oct. 10, 2017 /CNW/ – There are a lot of variables that go into determining your car insurance premiums including your driving record, insurance history, the make and model of your vehicle, and how likely it is to get stolen to name just a few. Another important factor that matters is where you live. But how much does where you live truly matter?

http://www.newswire.ca/news-releases/kanetixca-releases-2017s-most-expensive-cities-for-auto-insurance-in-ontario-650254553.html

We often think of wearing a seatbelt to save us from hitting the steering wheel or dashboard in the car in an accident. The primary use of them though is to keep you in the car. A recent accident in the area that involved several people being ejected from their car into oncoming traffic is a good example of what can happen when you are in an accident and not wearing a seatbelt.

https://www.deutschmannlaw.com/blog/post/seat-belt-use-reduces-the-risk-of-catastrophic-injury-and-death

Two jury verdicts on damages from car accidents were heard before the Ontario Court of appeal. The decisions in El-Khodr v Lacke and Cobb v. Lond Estate both released on September 19, 2017.

The Court of Appeal was asked to consider when SABs benefits can be deducted from jury awards – specifically what are the circumstances under which the statutory accident benefits can be assigned or deducted from jury awards to the defendant after trial.

https://www.deutschmannlaw.com/blog/post/strict-matching-the-deduction-of-sabs-awards-from-tort-settlements-considered

Expert witness testimony can have a huge impact on personal injury trials. Members of a jury, after all, are unlikely to be proficient in the expert’s field, and as such must accept the witness’s testimony as accurate. Unfortunately, many Ontario personal injury lawyers have encountered biased or unfair expert witnesses at some point in their careers. Experts who deliver testimony tailored to the defense’s arguments are known as “hired gun” witnesses.

https://www.willdavidson.ca/ontario-personal-injury-lawyers-expert-testimony/

A proposed class action against a Toronto personal injury firm has been closely watched by the legal community because of the dispute over whether costs can be part of a retainer agreement in addition to amounts paid out as a result of a contingency fee.

http://www.lawtimesnews.com/author/shannon-kari/legal-community-watching-class-action-14758/

For many of us that live in the GTA, taking the TTC is essential to get back and forth in the busy city. Unfortunately, this also puts us at risk for public transportation accidents.

Millions of people in Toronto step onto TTC vehicles every year. From getting to work to buying groceries or meeting friends, every day we rely on public transportation.

http://contelawyers.ca/public-transportation-accidents/?utm_content=buffer109ed&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer