Personal Injury

How do CPP-D benefits impact LTD claimants?

For individuals who are unable to work due to a disability, there are several reasons to apply for Canada Pension Plan-Disability (CPP-D) benefits, even if it may impact the benefit they receive from a private insurer, says Oakville personal injury lawyer Jill Edwards. Read more

Determining income loss in personal injury cases a complex task

The rise of the gig economy is changing how courts determine awards for future earning capacity in injury cases, says Oakville personal injury lawyer Weston Pollard. Read more

Is your disability insurance company sending you to an IME?

By Nainesh Kotak Often, while adjudicating or managing a short-term or long-term disability claim, insurance companies send people to a so-called Independent Medical Examination (IME). Read more

Video evidence key in sports injury claims: Hollingsworth

Although many injuries suffered while playing a sport are not open to lawsuits because they’re considered an inherent risk of the game, video recordings assist in separating those acts that are clearly outside of the participant’s reasonable expectations, says Ottawa personal injury lawyer David Hollingsworth. Read more

Taking a PI case to a jury can be risky: Marshall

A recent Ontario Court of Appeal (OCA) decision should make motor vehicle accident victims think twice about going to trial before a jury, says Toronto personal injury lawyer Kevin Marshall. Read more

Make no assumptions about MVA insurance claims: Lee

A motor vehicle insurance claim can come in many forms and is not limited to injuries suffered in a collision, says Toronto personal injury lawyer Andrew M. Lee. Read more

Mass tort vs. class action — which is right for your case

Mass tort litigation is a better fit for some plaintiffs than class actions, says Oakville personal injury lawyer Meghan Walker. Read more

Setting the bar for commercial host liability

By Salvatore Shaw and Brandon Pedersen Three friends go to a bar one night and drink to the point of intoxication. The bartender continuously serves them alcohol, even after noticing their intoxicated states. Read more

LAT ‘fully entitled’ to make awards in bad faith claims

A recent Court of Appeal decision has opened the door for accident victims who are poorly treated by their insurers to pursue bad faith claims at the Licence Appeal Tribunal (LAT), says Ontario personal injury lawyer Patrick Brown. Read more

Patient fights off defamation claim by former surgeon

A woman sued by her former surgeon is relieved after successfully dismissing a defamation claim brought by the doctor, says her counsel, Toronto personal injury lawyer David Derfel. Read more

Auto insurance reform falls short: Paciocco

A plan to allow for new types of discounts under the Ontario government’s auto insurance reforms still needs work, says Windsor personal injury lawyer Gino Paciocco. Read more

Injury, damage claims expected following Raptors parade

There will likely be numerous insurance claims in the wake of the Toronto Raptors championship parade — mostly due to a lack of resources and poor crowd control, Oakville insurance lawyer Weston Pollard tells Canadian Underwriter. Read more

LTD claimants should be mindful with social media posts

Long-term disability claimants are providing free surveillance for insurers by posting publicly on social media, says Toronto personal injury and disability lawyer Nainesh Kotak. Read more

Section 24 of Charter increasingly used to seek civil damages

Toronto personal injury lawyer Gary Will says there’s a growing trend to use s. 24 of the Charter to seek remedies in civil cases. Read more