Personal Injury

“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…

Ontario’s workers’ compensation legislation exists to provide workers with benefits if they are hurt during the course of their employment.  The scheme is meant to efficiently and quickly replace the remedy a worker could receive from a lawsuit.  Workers are entitled to workers’ compensation…

Introduction Hiring private investigators to monitor plaintiffs in their daily lives is a common practice for defence lawyers and insurance companies, in order to find out if the plaintiff has lied about or exaggerated his or her injuries. In recent years, they have begun to regularly search…

Maciej Pieoksz looks at the issue of personal injuries that are a result of alcohol in bars, tavers and other establishments.  Maciej also gives tips to consumers and hosts on how to protect themselves. You are at a party with friends.  You are drinking casually but are being encouraged to d…