Tractors and Collisions: What You Need to Know

If you’ve been involved in a collision with a farm tractor, here are a few things you should know.
A Farm Tractor Is Not an Automobile
A farm tractor is not generally considered an automobile within the meaning of Part VI of the Insurance Act of Ontario. Part VI pertains to automobile insurance, but it does not normally apply to farm tractors. This is because farm tractors are not generally required by law to have automobile insurance. …

Gross Negligence in Municipal Slip and Falls

If you have been injured by slipping and falling due to snow or ice on a public sidewalk, recovering for your loss can be challenging. The standard to overcome in a successful lawsuit is quite high.
Understanding the Municipal Act, 2001
The Municipal Act, 2001, applies to incidents causing personal injury on municipal property. Section 44(9) states:
“Except in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk.”
What Is Gross Negligence? …

Business Interrupted Due to COVID-19? Here’s What You Need to Know

covid-19 business interruption insurance lawyersBusinesses all across Ontario have been impacted by COVID-19 to varying degrees with many business owners rightfully concerned about the future of their livelihoods. While we’ve all been forced to make both personal and professional adjustments to cope with the uncertainties and uneasiness brought on by this unprecedented health crisis, non-essential small businesses are arguably taking the hardest hit. These are well-known, established, and beloved institutions that are longstanding fixtures within their communities. To see them being financially devastated by COVID-19 is equally heartbreaking and tragic. …

What happens if a person does not have the capacity to pursue a civil lawsuit?

litigation guardian
The Role of the Litigation Guardian
Ontario’s legal system contains many safeguards to protect the rights of children and mentally incapable persons who start a lawsuit.
In legal terms, a person under the age of 18, or an adult who lacks the mental capacity to make certain decisions, is a “party under disability”. Persons under disability must be represented by a Litigation Guardian before commencing an action for damages. A Litigation Guardian is someone over the age of 18 who has authority to instruct counsel throughout the litigation. …

Non-Earner and Income Replacement Benefits in Ontario

Non-Earner and Income Replacement Benefits in OntarioNo one ever gets into a car anticipating that they might get into a car accident, yet all drivers are gravely aware of the possibility every time they get behind the wheel of a vehicle.
That is why insurance companies exist and it is also the reason that in Ontario, all insurance providers of automobile insurance coverages are required to provide accident benefits to the insured party by way of the Statutory Accident Benefits Schedules (SABS). …

Collateral Benefit Deductions

Collateral Benefit Deductions
What are Collateral Benefits and How Are They Related to the Statutory Accident Benefits Schedules?
In Ontario, all insurance providers of automobile insurance coverages are required to provide accident benefits to the insured party by way of the Statutory Accident Benefits Schedules (SABS). The SABS is a form of no-fault insurance coverage. It is mandatory and included in all standard auto insurance policies within the province. These benefits are regulated under the Ontario Insurance Act and have been put in place by the Ontario government in order to help the insured party pay for out-of-pocket injury-related expenses such as health costs not covered by OHIP, …

What Happens If Your Lyft Driver Gets Into an Accident?

What Happens If Your Lyft Driver Gets Into an Accident? Regardless of whether you’re in the driver’s seat, the passenger’s seat, or the backseat of a vehicle, getting into a car accident can be scary. Depending on the severity of the accident, you may even suffer an injury. But what do you do if your Lyft driver gets into an accident during your trip? As a passenger, you have legal rights.
In the event that you suffer an injury while participating in a rideshare program like Lyft, …

Can a Whiplash Injury Actually Be an Undiagnosed Traumatic Brain Injury?

Can a Whiplash Injury Actually Be an Undiagnosed Traumatic Brain Injury?In order to determine how a whiplash injury can become a Traumatic Brain Injury (TBI), it is important to first understand what a whiplash injury is. A whiplash injury is a neck injury that is caused by a forceful and rapid back and forth movement of the neck (similar to cracking of a whip, hence the term, whiplash). The impact may result in bony or soft-tissue injuries, which in turn may lead to a variety of clinical symptoms called Whiplash-Associated Disorders. …