BlueHat Marketing Inc., Author at McNally Gervan

Ontario Court of Appeal Sets Aside Fee Agreements

The Ontario Court of Appeal has reaffirmed that agreements between lawyers and their clients about legal fees engage the public interest and that the courts have a supervisory role to play. Paul Auerbach of McNally Gervan successfully represented the appellant, Mark Clatney, in asking the court to set aside agreeements he reached with his lawyers after his personal injury claim was settled in 2013. In their May 19, 2016 ruling the province’s highest court said that two Ottawa law firms should not be able to avoid the assessment of their accounts, which allows clients to have a court official review their [...]

Ontario Court of Appeal Sets Aside Fee Agreements

Important Changes to Automobile Insurance
Gallery

Important Changes to Automobile Insurance

Important Changes to Your Auto Insurance Policy starting June 1, 2016 If you own a vehicle in Ontario you are required by law to purchase a standard auto insurance policy and coming into effect on June 1, 2016 there will be changes to the types of standard Accident Benefits available to you if you are injured in a car accident. The call for a reduction in insurance premiums in Ontario lead to the upcoming changes, which will result in many of the standard accident benefits being significantly decreased or eliminated entirely. If you received your car insurance renewal package in the [...]

Important Changes to Automobile Insurance

Court Rules that Accident Involving a Parked Vehicle is Covered byAuto Policy
Gallery

Court Rules that Accident Involving a Parked Vehicle is Covered byAuto Policy

In Economical Mutual Insurance v. Caughty, the Ontario Court of Appeal considered whether a person who tripped over a parked motorcycle was entitled to statutory accident benefits (SABS). Mr. Caughty was camping with his family and parked his trailer at a campsite. There was a gap between the trailer and other trailers which people used as a walkway in the campground. Other campers later parked their vehicles in that gap without Mr.Caughty's knowledge. While Mr. Caughty was playing tag with his daughter, he tripped over one of the motorcycles that was parked in the walkway and fell. Mr. Caughty sustained serious spinal [...]

Court Rules that Accident Involving a Parked Vehicle is Covered byAuto Policy

Waivers and Recreational Sports

Lots of sports and recreational activities involve a degree of risk. The risk of course is that somebody will get hurt. That's why we are all asked to sign waivers before many activities, especially where we are paying for the fun and excitement. The recent decision in Levita v Alan Crew et al., 2015 ONSC 5316 serves as a reminder that those waivers can be an obstacle to recovering compensation, and that there are risks inherent in some activities that are accepted by participants. So, when you have signed a waiver can you still sue afterwards? The answer is "maybe". In the Levita case, the answer [...]

Waivers and Recreational Sports

Passengers Have Rights Too

Injured Passengers If you are a passenger in a car accident you will be entitled to claim Statutory Accident Benefits to cover the costs of medical and rehabilitation treatment, income replacement and other benefits that are provided under the standard Ontario Automobile Insurance policy. Injured passengers of ATVs and snow mobiles also also have the same coverage in most circumstances. Injured passengers sometimes are confused where to turn for compensation and insurance coverage and an experienced personal injury lawyer can help with those needs immediately after the accident. Passengers who suffer serious injuries (head injury, spinal cord injury, fractures, etc.) may [...]

Passengers Have Rights Too

Chronic Pain is not a Minor Injury
Gallery

Chronic Pain is not a Minor Injury

A recent decision of an arbitrator has confirmed that chronic pain syndrome can be enough to get an accident victim out of the Minor Injury Guideline. Under the guideline accident victims are entitled to significantly reduced medical and rehabilitation benefits. In Arruda v. Western Assurance Company the insured accident victim suffered from soft tissue injuries and psychological impairments arising from her physical injuries. After Ms. Arruda's medical and rehabilitation benefits were exhausted under the Minor Injury Guidline she applied for further treatment which was denied. Ms. Arruda's injuries had initially been described as muscle and ligament strains and sprains. But twenty months post-accident [...]

Chronic Pain is not a Minor Injury

Insurers Play Hardball at Their Peril
Gallery

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
Gallery

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

About BlueHat Marketing Inc.

Quick Navigation

CONTACT INFO

CONTACT INFO

Follow Us