BlueHat Marketing Inc., Author at McNally Gervan

Insurers Play Hardball at Their Peril
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Insurers Play Hardball at Their Peril

A decision of the Ontario Superior Court has reinforced that automobile insurers cannot take unreasonable settlement positions in lawsuits. If they do, they may face cost consequences at the end of the day. After a jury verdict was handed down in a chronic pain case, Justice Howden was asked to award costs to the successful plaintiiff. His honour applied his experience on the bench to arrive at a global assessment, looking at more than just the bill of costs submitted by the plaintiff. In the end, Justice Howden mposed a penalty on the insurer defendant based upon the criteria set out [...]

Insurers Play Hardball at Their Peril

ATV Laws are Changing
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ATV Laws are Changing

For many years most of ATVs and recreational vehicle operators have not been permitted to use public roads. Starting on July 1, 2015, the province is making changes to permit certain types of vehicles to use the shoulder of public roads and they have implemented safety requirements. Please click the following link to view the Ontario government’s news release on increasing on-road access for off-road and all-terrain vehicles. http://news.ontario.ca/mto/en/2015/06/ontario-increasing-on-road-access-for-off-road-and-all-terrain-vehicles.html?utm_source=ondemand&utm_medium=email&utm_campaign=p Our Ottawa personal injury lawyer has represented victims of ATV and recreational vehicle accidents and we have dealt with complicated insurance coverage disputes that arise from improperly insured off-road vehicles. Victims of ATV [...]

ATV Laws are Changing

McNally Gervan’s Jaimie Wilson on CBC Radio

Jaimie Wilson appeared on CBC news recently to discuss the risks of leaving your home unattended for even a few days. Most people don't read the fine print of their homeowner's policies and are often surprised to find out they are not always covered while they're away on vacation. Listen to the whole interview here: http://www.cbc.ca/player/AudioMobile/Ottawa+Morning/ID/2664987491/

McNally Gervan’s Jaimie Wilson on CBC Radio

McNally Gervan adds new Ottawa Lawyer

We are excited to announce that effective April 1, 2015 lawyer Jaime Wilson has joined our McNally Gervan team. Jaime attended the University of Ottawa and received an Honours B.A. before going on to study law at Dalhousie University in Halifax. She received her Juris Doctor in 2011 and was called to the Ontario Bar in June 2012. Jaime has built a practice focused on insurance claims of all kinds including personal injury litigation. Jaimie is a passionate and determined Ottawa lawyer who is capable of resolving disputes in the courtroom if matters cannot be resolved out of court. We are thrilled to have her [...]

McNally Gervan adds new Ottawa Lawyer

The Stress Caused By Injuries Affects The Whole Family
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The Stress Caused By Injuries Affects The Whole Family

At McNally Gervan LLP, our Ottawa-based accident lawyers have helped thousands of people who have been injured in car accidents, slip and falls, and defective products. Unfortunately, many of our clients are left with permanent injuries that leave them unable to complete household, personal care, and other activities like they used to. For individuals who are dealing with chronic pain or other lasting disabilities, this can often result in stress, anxiety, and depression. In many serious injury cases, such as spinal cord or brain injury, the whole family becomes affected with everyone else having to chip in to replace the lost [...]

The Stress Caused By Injuries Affects The Whole Family

What Is Objective Evidence of Chronic Pain?
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What Is Objective Evidence of Chronic Pain?

Court Concludes that Orthopaedic Insurer Examinations Have Little Value in Chronic Pain Cases One of the more frustrating aspects of practicing in accident benefits law that that insurance companies repeatedly send claimants who have soft tissue, chronic pain injuries to orthopedic surgeons for independent medical examinations to determine their eligibility for certain benefits or the reasonableness of treatment plans. They are requested to perform these assessments even though they are typically outside their area of expertise. Way more often than not, the assessment invariably finds “no objective evidence on ongoing impairment”, following which, the insurer denies all benefits. In a recent [...]

What Is Objective Evidence of Chronic Pain?

Is Your Facebook Page Evidence?
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Is Your Facebook Page Evidence?

Many people have referred to social media as the new surveillance. Lawyers for insurance companies are often trolling social media websites like Facebook to find any information on injured individuals which they believe could undermine their claim. The question of whether the contents of a Plaintiff’s personal Facebook must be disclosed is one that courts have wrestled with over the years. The courts have to balance the rights of insurance companies to relevant information with a victim’s right to privacy. In a recent personal injury case, Hideq v. Evans, the judge further clarified when a Facebook page is producible in a court [...]

Is Your Facebook Page Evidence?

On the Water: What You Should Know about Boating Accidents and Injuries
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On the Water: What You Should Know about Boating Accidents and Injuries

Boating injuries and deaths that occur in Canada are generally governed by the Marine Liability Act because maritime law in Canada is federal jurisdiction. Typically, accidents that occur in the rivers and lakes around Ottawa will subject to the Marine Liability Act and actions will advanced in the Federal Court. However, it may be possible to seek compensation in the provincial courts if there is concurrent jurisdiction. Generally, if a person suffers a serious boating injury the claim for compensation is capped under the Marine Liability Act at $1,000,000 for claims for loss of life or personal injury and $500,000 in respect of any other [...]

On the Water: What You Should Know about Boating Accidents and Injuries

Under Pressure: What If Your Disability Insurer Says You Must Return to Work?
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Under Pressure: What If Your Disability Insurer Says You Must Return to Work?

But Your Doctors Say You Are Still Disabled? It is not uncommon for doctors and insurance companies to have differing opinions about returning to work. Usually, the disagreement about eligibility for ongoing long-term disability benefits occurs when the definition of “disability” in the insurance policy changes from an “own occupation” definition to an “any occupation” definition. The change in definition of disability typically occurs after two years of disability. Generally, this means that the criteria for ongoing eligibility for disability benefits have changed. This is when the insurance company will be reviewing the person’s capacity to work to see if they [...]

Under Pressure: What If Your Disability Insurer Says You Must Return to Work?

Court of Appeal Lays Down the Law on ATVs
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Court of Appeal Lays Down the Law on ATVs

The Ontario Court of Appeal has ruled that an ATV is not a farm implement within the meaning of the Compulsory Automobile Insurance Act and therefore has to be insured if used on a public road. A Perth cattle farmer, Arthur Matheson, used his Honda ATV to travel from one part of his farm to another. The ATV was not insured under an automobile insurance policy. Mr. Matheson was rear-ended by another vehicle and suffered very serious injuries. He sued the at-fault driver for his damages. The insurer for the at-fault driver relied on a section of the Insurance Act (267.6(1)) [...]

Court of Appeal Lays Down the Law on ATVs

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