Auto accident involving two cars

Navigating the Challenges of General Damages in Ontario: The Impact of Increasing Statutory Deductibles on Motor Vehicle Accident Compensation

Individuals who have been injured as a result of a motor vehicle accident may have an entitlement to seek general damages, which are also commonly known as non-pecuniary damages or damages for pain and suffering. However, it is important to note that the process of receiving compensation for general damages in Ontario can pose some […]

read more. . .

Bike accident

Divisional Court: “Fairness and Inclusivity” at the Heart of Ontario’s Accident Benefits Law

Ms. Kellerman-Bernard’s (“NKB”) son was seriously injured in a bike accident. Although NKB did not witness the accident, it traumatized her, resulting in significant psychological and emotional impairments. NKB submitted to her own auto insurer an OCF-19: Application for Determination of Catastrophic Impairment (“OCF-19”)  NKB’s auto insurer disputed her right to submit the OCF-19 and […]

read more. . .

The Rights of Adults with Disabilities: Court of Appeal Allows Class Action Against the Province to Go Ahead

Blog by David Derfel and Rachel Weitz Leroux v Ontario, 2023 ONCA 314 A young developmentally disabled woman from Timmins has been given the green light to move forward with a potentially ground-breaking class action against the Ontario government.  The Ontario Court of Appeal recently overturned a 2021 Divisional Court decision that dismissed a 2018 […]

read more. . .