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How Can a Lawyer Help with Short and Long Term Disability Insurance Claims Disputes?

Disability insurance is meant to provide peace of mind in case your physical and/or mental health stops you from working. Often employers will purchase disability insurance on behalf of their employees, as part of an employee benefit program. Individuals may on their own purchase disability insurance, as well. In any case, disability insurance is meant as a safety net, to help cover living and general expenses in the event you are unable to earn an income.

Voluntary Medical Payments and Voluntary Property Damage Payments

Voluntary medical and property damage payments are available as a standard or available feature in many insurance policies. They exist to compensate persons who may be injured or have their property damaged as a result of the policy holder’s actions, or who are injured or have their property damaged on the policy holder’s premises.

Unsafe Stairs and Stairway Accidents

Step and stair injuries are the single largest contributor to fall-related hospitalizations in Canada. The Canadian Mortgage and Housing Corporation cites three main reasons for most falls. These include health factors, behavioural factors and environmental factors like poor lighting and design. Often a step or stair injury may result from a combination of factors.

Commercial Host Legal Responsibility

Under the Liquor Licence Act, it is illegal for a commercial host to serve any person who is, or appears to be intoxicated. All for-profit liquor establishments like bars, taverns, clubs, restaurants are commercial hosts under the definition. A legal responsibility is also owed by the commercial host to any person who is reasonably expected to be harmed by the intoxicated patron. This includes the patron themselves, as well as any third parties they could be in contact with.

Airplane Accidents – Domestic and International Flights

The legal remedies available to persons injured in airline accidents fall into two categories. First, domestic flights, which are governed by general common-law principles of tort, and are similar to traditional negligence claims. Second, international flights, which are subject to the provisions of the Montreal Convention, adopted in Canada as the Carriage by Air Act.

Contributory Negligence

Every person has a legal duty to prevent unreasonable injury to themselves. [i] This becomes an issue in personal injury cases where it is shown that the injured party is themselves partially responsible. In such instances, courts apply the principle of contributory negligence to apportion damages between the parties – the injured party included – whom contributed to the injury. The effect of a finding of contributory negligence for the injured party would be to reduce the total compensation they would otherwise be entitled to, by that percentage.

Changes to Statutory Accidents Benefits Regulation

A government amendment to the Statutory Accidents Benefits Schedule (SABS) came into effect on February 1, 2014. The amendment, titled as OR 347/13, made three amendments to the previous version of the regulations. The overall effect of the changes was to make it more difficult for injured plaintiffs to receive compensation in certain circumstances.

Ceiling on Pain and Suffering Damages

Among the many classes of damages injured persons can claim for, one is for any pain and suffering which may follow from an injury. Any person suing under this damage heading should be aware that a cap exists as to the maximum amount that a court may grant in their favour.

Ontario Government Mulls Demerit Points for Distracted Driving

Both the government and the courts in Ontario are taking an increasingly critical stance on distracted driving. Two recent events help illustrate this view, as well as point to the direction and enforcement of future laws in the area.

First, although already illegal, distracted driving in Ontario does not require, as is the case in other provinces, the deduction of demerit points. This may however be about to change. Ontario’s Minister of Transportation has stated that stiffer laws and regulations are imminent, and demerit points may well be within the package of anti-distracted driving measures being introduced in the near future.*

How Can a Personal Injury Lawyer Help an Injured Cyclist?

In spite of significant advances in bicycle safety initiatives – including everything from general awareness to specially demarcated lanes – cycling’s growing popularity has resulted in a spike in related injuries in recent years. According to the Ontario Ministry of Transportation, bicycles were involved in 2,500-plus collisions resulting in personal injury in 2010, the last year such data was provided.* More people are now injured in bicycle related collisions than in those involving motorcycles and mopeds.

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