In Taylor v. Aviva there was a threshold legal issue as to whether the claimant was involved in an ‘accident’. After the case Conference, and facing an unexpected affidavit in a written hearing proceeding, the insurer sought an adjournment of the case in order to cross examine the affiant and was denied. Twice. With no substantive reason provided. The insurer turned to the Divisional Court for relief and in particular a stay of the proceeding pending judicial review of the refusal to grant the adjournment. It was argued that there was a serious issue to be tried (relating to procedural fairness) and that irreparable harm would result if the stay was not granted.
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Late Disclosure, LAT Loss
The recent LAT decision of S.G. and Unifund, 16-000879/AABS by Adjudicator Anna Truong should be seen as a win for proper procedure and that the LAT will follow the Heath analysis of non-earner benefits.
Non-approved Ontario auto forms do not always render insurance contracts void: Court of Appeal
If an Ontario auto insurer uses a form that is not approved by the province’s Superintendent of Financial Services, this does not necessarily render the contract of insurance void, the province’s appeal court suggested in a ruling released Wednesday.
How Does No-Fault Insurance Affect Your Car Accident Claim?
Ontario has a no-fault car insurance system, which means your insurance company will always pay your benefits after an accident, regardless of who was at fault.
This means that even if you were not responsible for an accident, you will file a claim with your own insurance company rather than the at-fault party’s insurer.
http://www.gregmonforton.com/b
City loses argument that nine-year-old contributorily negligent after being hit by car
The Supreme Court of Canada has dismissed an application from the City of Hamilton for leave to appeal a finding that a nine-year-old boy was not contributorily negligent after he was hit by a car at a location where a crossing guard is normally posted.
Retainer Agreements – What are they?
Common questions that clients have but seldom ask a lawyer when they go to see a lawyer for the first time is “what is a retainer?”, “How do retainers work?” and are there different types of retainers?” While most lawyers think that the answers to these basic client questions are self evident, the answers are not really self evident to clients or potential clients looking to engage the services of a lawyer, especially those contemplating retaining a lawyer for the first time. Therefore the purpose of this paper in a very general way is to explain what retainers are and the different types of retainers that lawyers can offer to perspective clients.
May is Motorcycle Safety Month
Did you know that May is Motorcycle Safety Month? Unless you’re a personal injury lawyer; the answer is likely “no”. Well…It is!
So, what does that mean for the average person? Probably not much…But, injury lawyers like me are trying to raise awarness of motorcycle safety and motorcycle injuries through social media posts such as this one.
The Ministry of Transportation keeps road safety and accident stats in something called “Ontario Road Safety Annual Reports“. The most updated ORSAR is a 2014 report which shows the following interesting stats for road safety
https://www.torontoinjurylawye
Less poverty, not more medicine, will heal Canada’s health woes: O’Brien Institute guest André Picard
In more than 30 years at the the Globe and Mail, health journalist André Picard has covered the most important health issues of our time — beginning with the AIDS crisis when he was a summer intern in the late 1980s.
Artist Application
Attention all artists! If you have a disability and enjoy painting, drawing or taking photos this is your chance to showcase your talent. There is no fee to participate, and you keep 100% of your sales. Art submissions will be judged by industry experts and awards will be given to artists for their winning works of art, as judged by attendees on the night, in each category.
Libs show ‘utter disregard’ for average folks
Of all the tales of trivial, maddening and soul-sucking arguments with bureaucrats, Maureen’s may just take the cake.
The 75-year-old Perth woman has spent the past nine months fighting the Ontario government — over a joke.
http://www.torontosun.com/2017