Category: Accident Benefits

Cropped shot of young female witness in beige blazer standing by tribune with microphone and testifying in front of jury, judge and protection side

Is an Expert’s Credibility an Important Factor in an Adjudication? DSF’s Personal Injury Lawyers Succeed at the Licence Appeal Tribunal

Devry Smith Frank LLP (“DSF”) lawyers David Derfel and Charlie Fuhr’s resilience in their advocacy for a client proved to be successful in a recent adjudication at the Licence Appeal Tribunal (the “LAT”). The LAT “is an independent, quasi-judicial agency and is one of the thirteen tribunals in Tribunals Ontario. LAT adjudicates applications and resolves […]

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Personal injury law on a desk and gavel.

Derfel Personal Injury Lawyers Secures Victory for Client in Impairment Case: Jones v. Wawanesa

In the case Jones v. Wawanesa Mutual Insurance Company, 2024 ONLAT 22-013750/AABS, David Derfel and Charlie Fuhr of Derfel Personal Injury Lawyers successfully represented Cindy Jones in her claim for statutory accident benefits following a serious motorcycle accident in June 2018. Despite facing a denial from Wawanesa Mutual Insurance Company, we demonstrated that Ms. Jones […]

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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 […]

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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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Seeking Assistance After A Bicycle Accident

With great summer weather comes the opportunity to spend more time outside. Many people choose to use bikes during the warmer months either as an alternative to driving, or simply as a means of exercise. As much fun as it can be to ride a bike, it’s also extremely important to take measures to ensure […]

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Getting To The Bottom Of What A Spouse Is

There’s a lot to be said about ensuring employment contracts are clear and unambiguous. That said, situations can arise where a seemingly easy to define term is used only to end up being the topic of litigation. Take for example a recent decision from the Ontario Superior Court of Justice in which the court had […]

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