Personal Injury

I. Third-Party Liability Coverage: Who pays for damages if I am injured, but it is not my fault? In Ontario, if you are injured in a motor vehicle accident you may commence a lawsuit against an at-fault driver to compensate for your injuries and losses. Usually, the at-fault driver’s o…

OHIP covers many health care costs when you are in Ontario. But what about when you are abroad or if you want treatment that isn’t available in Ontario but is available elsewhere in Canada? Siskinds lawyer Maciek Piekosz looks at how OHIP covers you and outlines the steps involved in getting…

The recent decision Branco v American Home Assurance Company received a lot of attention for the high damages awarded against an insurer for acting in bad faith. Branco was just one of a series of cases dealing with bad faith damages in Canada over the last year. In this article, Siskinds lo…

“The fact that Branco was able to continue to withstand this pressure for so many years on two different fronts is truly remarkable and almost superhuman, even though his resistance may have resulted in irreparable mental distress which may last for the remainder of his lifetime” – Justice M…

A Review of F.S.C.O.’s recent decision in Security National Insurance Co./ Monnex Insurance Management Inc. v. Hodges At issue in Hodges, was whether the injured person had sustained an injury properly classified as catastrophic pursuant to section 2(1.2)(e)(i) of the Statutory Accident Bene…

Siskinds Partner Emily Foreman assesses and explains the first arbitration decision relating to the new  Minor Injuries Guideline that has been released by the Financial Services Commission of Ontario.   Emily explains what the MIG is, how it classifies injured persons and the benefits they …

(Note: Since publication, this information has changed. Please see the updated version of the article for current information.) Introduction One of the first questions people ask when they are considering their legal rights following a motor vehicle accident, slip and fall, or any other kind…

When clients first become involved in a legal action, many are confused about how the civil legal system works and whether or not they could be subjected to paying the other party’s costs. Every situation is different, but in Ontario it is the usual practice for the loser to pay the winner’s…

In this article Rasha El-Tawil examines the liability of a municipality under section 44 of the Municipal Act, 2001 in the case of accidents that occur on a poorly or unmaintained road in extreme winter conditions, as well as the steps you should take if you are involved in an accident you f…

On November 29, 2012, the Ontario Court of Appeal took a welcomed position by the personal injury bar concerning the statutory scheme for mandatory mediation under the Statutory Accident Benefits Schedule, O. Reg. 34/10 (“SABS”). In Hurst v. Aviva Insurance Company, 2012 ONCA 837, the questi…