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Important Decision on Catastrophic Impairments

In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a claimant be considered markedly impaired in more than one area of life to be designated as catastrophically impaired. Pastore concerns a woman who was injured after being hit by a car in November 2002. Her left ankle was broken  and did not heal properly.  She underwent a number of surgeries and eventually her right knee was replaced due to changes in how she walked.  She was self-sufficient before the accident but became almost completely dependant on others afterward.  This had predictably severe consequences on Ms. Pastore's emotional and [...]

Important Decision on Catastrophic Impairments

What Is Bad Faith?

You purchase insurance coverage for a variety of reasons. Sometimes because it is mandated by law, sometimes it is to protect your family or assets, and sometimes it is to provide you with peace of mind that you will be taken care of if something goes wrong. In the case of automobile insurance, it’s likely for all three reasons. Courts have increasingly recognized the role that automobile insurance coverage plays in providing you, the consumer, with peace of mind. You purchase the insurance so that if something goes wrong and you are injured, you and your family are protected. Recently, the [...]

What Is Bad Faith?

What To Do If You Have a Car Accident

What Should I do If I'm Involved in a Car Accident? The first thing to do when involved in an Ottawa car accident is stop.  If you don’t stop you are at risk of being charged with a criminal offence. The next thing to do is call 911.  You should call 911 if anyone might be injured, if any of the drivers appears to be under the influence of drugs or alcohol or if there is any significant damage to the cars. Third, if it is safe to do so you can move your car to the side of the road, [...]

What To Do If You Have a Car Accident

A New Member Has Joined the Team!

McNally Gervan LLP is pleased to announce that Cecile Clarke has joined the firm as a law clerk and will be working directly with Paul Auerbach. Cecile graduated with honors from Algonquin College's law clerk program, where she was awarded the Borden Ladner Gervais LLP Scholarship for Academic Achievement. She began her career as a legal and administrative assistant after completing a legal studies program at St. Lawrence College. She continued to upgrade her professional development by obtaining a Post-Graduate Certificate in Marketing Management from Humber College and the Canadian Securities Certification from the Canadian Securities Institute. Cecile has worked both [...]

A New Member Has Joined the Team!

Cracking the Minor Injury Guidelines

In September 2010, there were a number of significant changes to the Statutory Accident Benefits Schedule (SABS). In our experience, the Minor Injury Guidelines (“MIG”) has had the greatest impact on car accident victims. It has significantly restricted injured individuals access to medical and rehabilitation benefits which has resulted in them languishing without the appropriate care. It is not unusual to have individuals who are unable to work yet they are slotted in the Minor Injury Guidelines. A “Minor Injury” is defined as a “sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and clinically associated sequelae”. If you fit [...]

Cracking the Minor Injury Guidelines

Do I Have Enough Insurance?

Insurance Brokers and Insurance Agents are the professionals that we count on to advise us about the different insurance policies and coverages that are available to protect our businesses and our families from fires, car accidents and disability. Not all insurance policies are created equal.  The Insurance Act and regulations provide some protection to consumers but most people follow the recommendations of their insurance broker or agent.  It is important to have regular reviews of your insurance coverage to make sure that you have enough insurance to cover the financial risks that could affect you. You should find out from your [...]

Do I Have Enough Insurance?

Optional Automobile Coverage

If you are hurt in a car accident, you may be entitled to benefits under your own automobile policy. This does not depend on another driver being at fault for the accident. These benefits are commonly referred to as "no-fault" benefits. The possible benefits available to you include: a weekly income replacement benefit, if you miss time from work; a weekly caregiver benefit, to provide assistance with caring for dependent family members; a weekly housekeeping benefit, to provide assistance with the cleaning and maintenance of your home; medical and rehabilitation benefits, to provide treatment and counseling for your recovery; attendant care benefits, to provide assistance with your personal [...]

Optional Automobile Coverage

The Duty to Defend

Your car insurance policy requires your insurer to hire a lawyer to defend you if you are sued.  But what if your insurer offers to pay your liability limits and then walk away?  In a recent case that's exactly what happened. Mr. Malaviya had chosen to have just the minimum amount of car insurance you can ($200,000).  He was involved in an accident and was sued for more than $200,000.   His insurer offered to pay the $200,000 to the plaintiffs in the lawsuit and asked the Court to declare that it had no further duty to defend him. The application was dismissed because the Insurance Act does not say [...]

The Duty to Defend

Ottawa’s newest law firm, McNally Gervan Lawyers

We introduce, McNally Gervan Lawyers, a law firm comprised of highly experienced lawyers and law staff to provide you with help when you need it the most. Most legal problems happen suddenly. We do not expect to be involved in a car accident. We do not expect to lose our jobs. At McNally Gervan, we understand that lives can be turned upside down in an instant. We recognize that your case may be the most significant event in your life. With the combined 20 years experience among our lawyers and a staff of experienced law clerks, we will give you strength [...]

Ottawa’s newest law firm, McNally Gervan Lawyers

What Constitutes “Economic Loss”

The Ontario Superior Court of Justice has recently clarified the issue of what constitutes “economic loss” in the context of entitlement to payments for attendant care benefits as part of an Accident Benefits claim. In Henry v. Gore Mutual Insurance Company (2012 ONSC 3687), the plaintiff, an eighteen year old victim of a motor vehicle collision, was receiving attendant care assistance from his mother, who took a leave of absence from work to provide the care. Under his Accident Benefits claim, the plaintiff’s monthly attendant care benefit was assessed at $9,500 (capped to the statutory maximum of $6000 per month). This case is [...]

What Constitutes “Economic Loss”

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