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 […]

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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 […]

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Father Seeks Insurance Defence For Negligent Parenting

Pursuing compensation for injuries suffered in an automobile accident can be a complicated and drawn out process. Identifying who is responsible for an accident and how those responsible are to be defended through insurance can be tough to navigate. A recent decision from the Court of Appeal for Ontario highlights these types of complications. Negligent […]

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