How Long Can a Personal Injury Case Take to Settle?
Settling a personal injury case can feel like an endurance test. The process involves many steps, each requiring careful attention and time, which can make the process feel overwhelming, especially when trying to manage the physical and emotional toll of recovering from injuries. Here at McNally Gervan, we understand that knowing how long a personal injury case can take can provide important peace of mind. Every case is unique, however, [...]
Can an Insurance Company Reverse a Paid Claim?
When you successfully file an insurance claim and receive your payout, it can feel like a significant burden has been lifted. However, there are instances when insurance companies may reverse a paid claim, leaving policyholders in a difficult situation. As such, we have prepared this post to help you understand the reasons behind such reversals and your rights under Canadian law, as well as the steps you can take to [...]
Who Pays for Personal Injury in a Car Accident?
Car accidents can leave you with not only physical injuries but also financial burdens. As such, obtaining fair compensation and benefits is just as much about getting the support to move forward in your recovery as it is in pursuing justice. The intricacies of vehicle damage coverage, medical expense reimbursement, the claims process, and compensation determination are not everyday considerations; these questions only come up in the aftermath of traumatic [...]
Does Car Insurance Cover Passenger Injury?
Imagine you’re a passenger injured in a car accident. You assume your friend’s auto insurance policy will cover your medical bills and lost wages, so you don’t file an accident benefits claim promptly. As weeks pass, your medical expenses grow and you struggle financially because you can’t work. By the time you seek help, you face delays and complications, which severely impact your recovery and financial stability. When you’re a [...]
Can You Sue for an Injury in a Car Accident?
The aftermath of car accidents can be hectic and stressful, even before you consider the complex legal and insurance issues they can lead to. Imagine you’re driving when another car runs a red light and crashes into you. You suffer a broken leg. This serious injury forces you to miss significant time from work, and you have to pay significant medical bills for your physical therapy throughout your recovery. Many [...]
How to File a Wrongful Death Claim
Losing a loved one is an incredibly painful experience. In unexpected situations where a death results from someone else’s negligence, the combination of emotional and looming financial burdens can be so stressful that it feels overwhelming. At McNally Gervan LLP, we understand these challenges. Helping individuals and families cope and recover, despite tragic circumstances, is a core part of our mission; we are dedicated to helping families navigate the legal [...]
How Much Can You Sue for Wrongful Death?
Imagine your husband driving home after a long shift at work. After waiting for the change of a traffic light, only a few kilometers away, your husband starts to slowly turn on to the final stretch home–when he is struck by a speeding vehicle in the intersection. The other driver was texting at the wheel and driving at excessive speed, which is why he did not see the red light [...]
How Much Can I Sue For Emotional Distress? (Canada)
Mental anguish and emotional distress can turn people’s lives upside down. Unlike a physical injury, however, the limitations that psychological distress can impose on your life are not visible to others. As such, some people face skepticism, and even denial, when it comes to the impacts of their mental distress. This situation becomes even more difficult if you are suffering from emotional distress as a result of an accident or [...]
How to Apply for Long-Term Disability in Canada
Are you struggling with an injury or illness that's keeping you from working? If so, you may be entitled to long-term disability benefits. Here at McNally Gervan, we've helped a number of individuals who have found themselves in a position like the one you're in now. Oftentimes, they suspect they should try to secure disability benefits, however, they don't know how to make a long-term disability claim. In this blog, [...]
Can I Claim Lost Wages from Car Accident Injuries?
The period following a car accident is full of challenges, not least of which is the financial strain of lost wages. Victims often find themselves unable to work while their regular bills continue to pile up. It's a difficult situation that leads many to wonder, "Can I claim lost wages from car accident injuries?" The answer to that question is yes. In this blog, we detail what accident benefits are, [...]
How Long Does an At-Fault Accident Stay on Your Insurance?
At-fault car accidents bring with them a cloud of uncertainty and anxiety, especially regarding their impact on your car insurance premiums and record. A number of questions may come to mind. How much will my insurance premiums increase? How long does an at-fault accident stay on your insurance? Is there anything I can do about it? In this blog, we delve into the nuances of at-fault accidents in Ontario, exploring [...]
How Long Does an Accident Case Take to Settle?
"How long does an accident case take to settle?" This is a question many individuals involved in car accidents find themselves asking. The answer, however, is not straightforward. The typical auto accident settlement timeline can take anywhere from six weeks to almost five years, depending on how complicated the injuries are and how negotiations unfold. That’s why understanding the settlement process, from the initial consultation to the final agreement, is [...]
How Does No Fault Insurance Work in Ontario?
Ontario's modified no-fault insurance system is often misunderstood. For individuals involved in a car accident, understanding how this system works means being able to position yourself to receive the full extent of the benefits you need to recover physically, emotionally, and financially. In this blog, we answer the question of how the modified “no-fault” car insurance works in Ontario, as well as detail the common obstacles individuals face when making [...]
What Happens When an Insurance Claim is Made Against You?
If you're caught up in the aftermath of a car accident and facing a personal injury case, it's crucial to understand the whole picture, especially what happens when an insurance claim is made against you. In this blog, we'll simplify the process of car insurance claims in Ontario, dive into the specifics of when a claim is made against you, and discuss how it can impact your life. We'll also [...]
How to Win a Personal Injury Case Without a Lawyer
Individuals sometimes feel compelled to self-represent in various legal matters, including personal injury cases. Handling your personal injury case on your own, despite having its risks, can be done if you have strong evidence and are well-prepared. In this blog, we breakdown the advantages of self-representation, how to win a personal injury case without a lawyer, as well as the value legal professionals bring to the table. Understanding Self-Representation [...]
Should I Get a Lawyer for a Slip-and-Fall?
Should I get a lawyer for a slip-and-fall case? This is a common question fall victims ask. At first glance, the case may seem simple. Someone failed to make an environment you were in safe, you fell and got hurt as a result, and therefore they should pay for your damages. Unfortunately, claims for fall accidents often are not so straightforward, despite the evidence being in your favour. That's why, [...]
What is the Penalty for Wrongful Death?
The term 'wrongful death' echoes with a profound sense of loss and injustice. For those grappling with such a personal tragedy, a wrongful death claim offers a path to some form of redress. In this article, we cover what the penalty for wrongful death is, the process of pursuing a wrongful death claim, and how working with a personal injury lawyer can help you in achieving the support you need [...]
Slip-and-Fall on Government Property
Imagine this scenario: You're strolling through a government-owned property, perhaps a library or a municipal building. The surroundings are familiar and seemingly safe. Then, without warning, your foot catches on an unseen hazard – maybe a patch of uneven flooring, a slippery surface, or an unmarked step. In an instant, you lose your balance. Before you can react, you find yourself on the ground. The impact is sudden and jarring. [...]
Do I Need a Lawyer for Insurance Claim Issues?
When facing insurance claims, the pivotal question often arises: "Do I need a lawyer for my insurance claim?" Whether it's a car accident, personal injury, or disputes with insurers, understanding when to seek legal assistance can significantly impact your outcome. In this blog, we delve into the complexities of insurance claims, exploring when and why individuals should consider hiring a personal injury lawyer. We'll discuss the advantages of legal representation, [...]
Is a Concussion a Traumatic Brain Injury?
When it comes to personal injury cases, the nuances of head injuries are often misunderstood. Two terms that often come up in these cases are "concussion" and "traumatic brain injury" (TBI). But is a concussion a traumatic brain injury? The short answer is yes, but there’s more to it than that. In this article, we delve into the topic of head injuries, exploring what a concussion is, what constitutes a [...]
Are Personal Injury Settlements Taxable?
As a personal injury law firm, we understand the complexities of personal injury law and the importance of providing comprehensive guidance to our clients. One common concern that arises during personal injury claims is the taxability of settlements. In this article, we will explore whether personal injury settlements are taxable in Canada and provide valuable insights into the tax implications individuals may face. It's crucial to have a clear understanding [...]
How Many Personal Injury Claims Go to Court?
When you find yourself facing the aftermath of an accident, seeking compensation for your injuries and damages becomes a top priority. Personal injury claims provide a legal avenue to pursue the compensation you deserve. As a personal injury law firm based in Ottawa, we understand that individuals dealing with personal injury cases may have questions and concerns about the legal process, especially as it pertains to whether or not their [...]
Finding Legal Representation for Personal Injury Cases: What Questions to Ask a Personal Injury Lawyer?
If you've suffered a personal injury and are seeking fair compensation, it's crucial to have the right advocate by your side. Knowing the right questions to ask a personal injury lawyer can make all the difference in your case. In this article, we will explore the importance of asking the right questions when selecting a personal injury lawyer. With the many years of experience we have accumulated here at McNally [...]
Should I Hire a Personal Injury Lawyer?
If you've found yourself reading this post, chances are that you or a loved one has been involved in an accident. First of all, we want to extend our deepest sympathies - accidents can be traumatic experiences, both physically and emotionally. Now, you may be wondering if you need a personal injury lawyer to help you through this difficult time. Well, the answer is yes - personal injury cases are [...]
What to Know Before Hiring a Personal Injury Lawyer
Personal injury law is a complex legal field that deals with cases where individuals have been injured due to the negligence or intentional actions of others. If you have been injured in an accident or through the actions of another person, it is important to hire an experienced personal injury lawyer to help you navigate the legal process and fight for your compensation. In this blog, we will provide an [...]
Who is Liable in a Slip-and-Fall Accident?
Slip-and-fall accidents are a common occurrence in Ontario. According to the Workplace Safety and Insurance Board (WSIB), slip and falls are one of the leading causes of lost-time claims, as victims often suffer serious injuries in these situations. In such cases, determining who is liable for the accident is crucial in pursuing a personal injury claim. This blog will explain the legal concept of liability and the factors that determine [...]
The Growing Problem With Road Rage
Road rage is a term used to describe aggressive or violent behaviour exhibited by drivers on the road. It can take the form of verbal or physical confrontations, including yelling, honking, tailgating, cutting off other drivers, and even acts of violence that lead to personal injury. Road rage incidents have become increasingly common in recent years, posing a serious threat to public safety. Here we will examine the growing problem [...]
When Should You Get a Lawyer After a Car Accident?
Car accidents are a common occurrence in Ontario, Canada. While some may result in nothing more than a fender bender, others can cause severe injuries that can have long-term consequences. Victims of car accidents may suffer physically, emotionally, and financially, with medical expenses, lost income, and even permanent disability. If you've been in a car accident, you may be wondering if you should get a lawyer. In this blog, we'll [...]
The Insurance Company Refuses to Pay My Car Accident Claim
A car accident can be an extremely stressful event–not only in the moment, but also in the days and weeks after. You have to deal with the physical and emotional aftermath, as well as navigate the complex world of auto insurance. You pay your premiums every month, so you expect your insurance company to be there for you when you need them. However, sometimes insurance companies refuse to pay out [...]
Slip-and-Fall-Type Accidents Explained
A slip-and-fall accident refers to an incident in which a person slips, trips, or falls as a result of a dangerous or hazardous condition on someone else's property. Contrary to popular belief, slip-and-fall accidents affect huge numbers of Canadians every year. According to the Government of Canada's most recent statistics, "falls were the leading cause of injury hospitalization among all ages," making them an important type of personal injury to [...]
How Are My Medical Bills Paid After an Accident?
In the aftermath of an accident, medical bills can pile up quickly, adding stress and uncertainty to an already difficult situation. If you have been involved in an accident, you may be wondering how these bills will be paid. OHIP (Ontario Health Insurance Plan) doesn’t cover many medical, personal care and rehabilitation services that accident victims require. In this blog, we will explore the options available to you, including insurance [...]
How to Prevent Dog Bites
Dogs are a beloved part of many people's lives, but it is important to recognize that not all interactions with them end happily. According to the World Health Organization (WHO), "dog bites account for tens of millions of injuries annually," with children most at risk. If you or someone you love has been bitten by a dog, contact a personal injury lawyer. You may be entitled to compensation. That said, [...]
What Happens if My Personal Injury Claim Goes to Court?
Although most personal injury cases settle before trial, if you are involved in a car accident or any other kind of mishap that causes you to pursue a personal injury claim, there is a chance that your case goes to court. This can happen if the insurance company denies your claim, or if you and the insurance company are unable to reach a settlement agreement. In this situation, you may [...]
Traumatic Brain Injuries
In 2013, a high school rugby player from Ottawa named Rowan Stringer passed away at just 17. After experiencing her first concussion, she continued playing rugby, as no one told her to refrain from continuing to undertake physical activity so that she could recover. Unfortunately, she suffered another concussion when she resumed playing rugby, exacerbating her injury. As a result, she suffered as many as six concussions over just six [...]
Removing Ice and Snow During the Winter
Every winter, snow and ice accumulate on sidewalks and private properties, presenting liability situations for municipalities and property owners and dangers for individuals. Municipalities have a responsibility to keep their sidewalks reasonably safe for pedestrians and to clear ice and snow. Similarly, property owners are responsible for keeping their property clear of ice and snow. If they neglect their responsibility, people can slip on the ice or snow and fall, [...]
Ontario No-Fault Car Insurance Benefits
Under provincial law in Ontario, every car insurance policy provides Statutory Accident Benefits. You may also have heard these benefits be called “no-fault insurance” benefits. These benefits come with every car insurance policy that is sold in Ontario. Although no one means to get into an accident, every person involved needs support. Regardless of how you are involved in an accident, you can receive insurance coverage and payments for various [...]
What to Do In Case of a Car Accident
Car accidents can happen in a split second and yet have terrible physical and financial consequences that last a lifetime. Below are ten actions you should take if you are involved in a car accident. Call 911. The sooner you alert the authorities, the sooner they can arrive on the scene and address the situation. Get the other driver’s information before leaving the scene. Specifically, ask for their licence plate [...]
Damages for Mental Anguish in a Long-Term Disability Claim
When—due to a disability—an employee can no longer work, they could qualify for long-term disability insurance. Long-term disability insurance can provide them with financial assistance to compensate for their lost income. Insurance coverage usually provides about 65% of a disabled employee’s regular income. Long-term disability insurance is covered under a contractual agreement between the insurance provider and the insured employee. Therefore, if an insured disabled employee is unable to work [...]
Can I Replace My Income If I Become Injured?
You may wonder whether taking a leave of absence from work to recover from injuries sustained in an accident will detract from your income. The truth is, anyone injured in an accident should be able to take time off work in order to concentrate on treatment and rehabilitation. In fact, almost anyone who has suffered injuries in an accident may access benefits as a partial income replacement when they are [...]
What Personal Injury Lawyers Do
Legal issues vary from case to case and the laws of Ontario can be very complicated if you are injured in an accident. Therefore, regardless of your legal issue, you should seek a qualified personal injury lawyer suitable for your claim to succeed. The personal injury lawyers at McNally Gervan handle many types of accident and insurance cases. Therefore, if you have suffered or someone you know has suffered a [...]
Should I actually consider suing a family member?
Although the notion of suing a family member may seem absurd, personal injury claims between family members sometimes occur. For this reason, you can sue a family member if they are at fault for a car accident that caused your injury. People hope that neither they nor any family member becomes injured in an accident. Insurance coverage alleviates our worries, as people know that they and their family members will [...]
How do I choose the best lawyer for me?
If you need a dependable personal injury lawyer, it pays to devote adequate time to doing a thorough search. You will want a legal representative who is trustworthy and who puts your mind at ease. To find a lawyer who can work well with you, handle your situation and establish straightforward expectations, as yourself these questions: Will you be all right with entrusting private information to this person? Do they [...]
What if You Become Injured By An Uninsured Motorist?
The auto insurance system in Ontario has many integrated protections aiming to provide compensation to those injured in motor vehicle accidents. All motorists in the province must carry minimum liability insurance of $200,000. However, most typical auto insurance policies bear the Family Protection Endorsement, which protects motorists without an official liability insurance policy when they cause an accident. The Family Protection Endorsement provides coverage equal to your policy's liability limits [...]
Can Drivers Injured in Hit-and-Run Accidents Recover Damages?
Ontario law requires people who own motor vehicles to have auto insurance. Therefore, if you become injured and it is impossible to identify the other motorist who struck your vehicle, you could still recover some of your claimed damages. Submitting a Report to the Police Ensure that you submit the hit-and-run incident to the police. According to paragraph 5.3.5 of the Ontario Automobile Policy, you have 24 hours to submit [...]
Should I Wear a Helmet?
A cyclist’s age is the determining factor in whether they should wear a helmet. In The Highway Traffic Act (HTA), Section 104 reads, in part: Bicyclists to wear a helmet (2.1) Subject to subsection 103.1 (2), no person shall ride or operate a bicycle on a highway unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under [...]
Who is the Right Lawyer For Me?
Finding the right lawyer to represent you in your personal injury claim can be challenging. You deserve a reputed expert with demonstrable experience handling cases such as yours. When it comes to searching for the right lawyer, one size does not fit all. In other words, you should seek a lawyer who is experienced in the area of law relevant to you: someone familiar with your kind of case and [...]
Proving Negligence and Fault in a Personal Injury Claim
Although the total number of motor vehicle accidents involving fatalities and injuries is declining due to better manufacturing practices, they are occurring at a very alarming rate. In 2017 alone, there were 155,000 motor vehicle accidents across Canada. When someone becomes injured in a motor vehicle accident, they can choose to file a lawsuit against the person who was also involved in the accident. To win their case, they must [...]
What Pain-and-Suffering Compensation Means
Pain-and-suffering compensation is another term for non-pecuniary compensation. In other words, it aims to cover losses for which money alone cannot compensate. The following situations are examples of loss of the enjoyment of life due to pain and suffering: You experience chronic depression after suffering a fall. You cannot engage in physical activity or sports due to your injuries. You suffer facial disfigurement due to a car accident. From time [...]
What to Consider When Disputing an Insurance Claim
It is not easy to deal with large insurance companies. Often, you walk away with more questions than answers. Complex policies can often leave insured persons wondering about the extent of their coverage and unable to know what they qualify for. Insurance is a necessary (even if undesirable) aspect of life. With it, you can protect yourself and your family if something happens to you or a loved one. Nevertheless, [...]
Suing for Damages after an Accident
Getting into a car accident is the last thing on a person’s mind when they walk out their door and head to their vehicle. Nevertheless, it happens across Canada approximately 440 times every day. We at McNally Gervan Personal Injury Lawyers of Ottawa understand how painful and terrifying accidents can be when they happen. Even if the accident is a minor one, the price of fixing the vehicle damage and [...]
The Aftermath of Losing a Loved One
Every person matters to many people. Now, our laws finally reflect this long-acknowledged fact. As a family member, you can sue for the death or injuries caused to your loved ones. Although the compensation received often does not match what is justified, that trend has begun to change in recent years. Here at McNally Gervan Personal Injury Lawyers of Ottawa, we have secured compensation over the years for hundreds of [...]
Hiring a Personal Injury Lawyer
McNally Gervan Personal Injury Lawyers of Ottawa get our clients the compensation they deserve. We have been representing injured claimants for many years. We have a solid reputation for protecting our clients’ rights and getting them the maximum compensation for their personal injury claims. McNally Gervan personal injury lawyers tactfully approach every claim they handle. The personal injury lawyer will help you make wise decisions. Hiring a personal injury lawyer [...]
Five Common Liability Claims That Homeowners Encounter
Your home is supposed to be safe for both you and everyone who comes to visit you. You ensure to fix uneven deck planks, trim the trees, rake the leaves, cut the grass and shovel the snow. Whatever you do, you always do your best. However, even with all the attention you pay to your property, there can still be potential dangers on it and in your home that could [...]
Can I file a lawsuit if I become injured in the workplace?
For most jobs, an employee does not have the right to file a lawsuit if they become injured in the workplace. Instead, they receive benefits through the Workplace Safety & Insurance Board (WSIB). However, these benefits can be insufficient for paying expenses. Background Under the law, employers must pay WSIB premiums into a fund. If any of their employees become injured in the workplace, the employee will be able to [...]
Fault in a Multi-Vehicle Accident
Many multi-vehicle accidents end in tragedy in the Ottawa area every year. The high number of transport trucks on Ontario highways is a factor, as the drivers and passengers of smaller vehicles in these collisions suffer severe injuries. In Ontario, Regulation 668 (Fault Determination Rules or FDR) of the Insurance Act determines who is at fault in a multi-vehicle collision. Fault determination rules apply in personal injury lawsuits stemming from [...]
Accidents and Ride-Sharing Services
All motorists have a responsibility on the road to pay attention, act prudently and maintain control of their vehicles. For those whose driving would be impaired because they have taken a substance or have been drinking, ride-sharing services (such as Uber or Lyft) offer a comfortable, convenient and, most importantly, safe method of arriving at their destination. Nonetheless, accidents with ride-sharing services are still possible. Follow the steps below to [...]
Whiplash and Injury Claims
A whiplash injury (or, simply, whiplash) occurs when a person's head snaps violently back and forth, and it usually occurs in rear-end collisions and accidents in which the neck can quickly accelerate and then quickly decelerate, such as physical assault, cycling accidents, falling backwards and contact sports. The whiplash motion severely strains the soft tissues in the neck, including nerves, ligaments and muscles, which can thereby become damaged, torn or [...]
Avoid Bicycle Related Personal Injury Claims
Bicycle-sharing programs have increased the popularity of cycling in Canada, both as a commuting option and cardiovascular activity. Every year, dozens of Canadians become seriously injured or die in bicycle accidents. In Ontario alone, 131 cyclists died in accidents from 2010 to 2015. Almost 50% of those deaths occurred due to collisions with automobiles. With nearly 600,000 people using bicycles on Ontario’s roads every day, safety advocates demand improved infrastructure [...]
Wrongful Death and Family Member Claims
Wrongful deaths are deaths caused by negligence or, in rare cases, intentionally. They are always tragic and are almost always avoidable. The most common causes of accidental wrongful deaths are: Ottawa Car accident or motorcycle accidents Snowmobile or boating accidents Swimming and diving accidents Medical malpractice Claims of wrongful death enable families to receive compensation for losses (both financial and non-financial) incurred due to the passing of their loved one(s). [...]
Covid-19 Long-Haulers and Disability Benefits
Personal injury lawyers aim to help long-term disability clients access the benefits they deserve. Long-term disability clients typically have severe spinal cord injuries, brain injuries, chronic pain, cancer, various mental/emotional disorders and similar conditions that make work very difficult or impossible. “Long-haulers” experience persistent COVID symptoms that can last for months. Unfortunately, insurance companies have been unable to provide benefits to these individuals. “Long COVID” or “Covid Long-Haulers” Three strains [...]
Covid-19 Vaccines and Personal Injury Compensation
The Public Health Agency of Canada (PHAC) has stated that the likelihood of becoming severely injured by a COVID-19 vaccine is less than one in a million. However, complications will inevitably arise over the next several months with the administration of tens of millions of doses, and patients who experience those complications may opt to seek compensation accordingly. The federal government has recently announced its upcoming national vaccine-injury support program. [...]
Slipping or Falling on a City Sidewalk. Can I Sue the City?
Every year, thousands of people slip and fall on public sidewalks and in and around Ottawa. In many instances, these falls do not cause serious injury, or any injury at all. Unfortunately, many people are not so lucky, and their falls result in serious injuries and ongoing problems. In some cases, people get up and carry on their way, and only later discover that they have suffered an injury and [...]
Whiplash Claims in Ontario
Whiplash injuries are caused by the rapid acceleration and deceleration of the body as a result of an impact. For example, if a driver is waiting at a red light when her vehicle is hit from behind, she will be thrown forward in her seat, and then backward after she is restrained by the seatbelt. The rapid acceleration and then declaration cause a whip-like effect, and the forces that are [...]
Personal Injury Claims Involving Children
Personal injury claims involving children are among the most heartbreaking of all, and families facing a long rehabilitation process and an uncertain future need an experienced personal injury lawyer on their side. The legal process can be daunting, and parents need to understand how it works so they can protect themselves and their families. Injuries to children can arise in any number of ways, but the most common causes include: – Car accidents [...]
Denied Accident Benefits By Your Insurance Company. What Can You Do?
In Ontario, all drivers are required by law to have automobile insurance. If you drive a car without proper and valid insurance, you risk a very serious fine. If you drive a car without proper and valid insurance, you may not be able to recover some benefits if you are involved in an accident, even if the accident was not your fault. Statutory Accident Benefits (or SABs) are the benefits [...]
Electric Scooters and their Terms of Use: Renter Beware
If you have spent any time in downtown Ottawa lately, you will have noticed a new type of public transportation that has appeared on the streets. Three operators – Bird Canada, Lime, and Roll – are bringing up to 600 shared e-scooters to the City’s pathways, bike lanes and streets. The scooters are scattered across the downtown core and can be located through GPS mapping. And while their appearance on [...]
Internal Appeals and Disability Claims. When does the Clock start Ticking?
Ontario’s basic two-year limitation period for issuing civil claims has been suspended in response to the global pandemic and the closing of the Courts for all but the most urgent matters. An Order in Council has been made under the Emergency Management and Civil Protection Act, effective immediately. Litigation deadlines set out in the Rules of Civil Procedure have also been suspended, including the six-month window in which to serve [...]
Stop the Clock
Ontario’s basic two-year limitation period for issuing civil claims has been suspended in response to the global pandemic and the closing of the Courts for all but the most urgent matters. An Order in Council has been made under the Emergency Management and Civil Protection Act, effective immediately. Litigation deadlines set out in the Rules of Civil Procedure have also been suspended, including the six-month window in which to serve [...]
The Cooling Off Period and Settlements at Arbitration
The Consumer Protection Act, 2002, consumers have the right to cancel a contract if the contract includes a “cooling-off” period. The Insurance Act provides similar protection for claimants under an automobile insurance policy who have reached an agreement to settle their accident benefits claims with their insurer. Section 9.1(4) of Ontario Regulation 664: Automobile Insurance under the Insurance Act, R.S.O. 1990, c. I.8 offers the following “cooling-off” period: The insured [...]
Car Insurance Rebates on Premiums
The Ontario Finance Minister has called on insurance companies to provide rebates and relief measures for consumers. The Insurance Bureau of Canada recently announced that its insurance company members will be offering rebates totaling $600 million. Aviva and La Capitale have announced discount and rebate programs to account for drivers that have either stopped driving entirely or have significantly reduced their driving. If you have seen a reduction in the [...]
Virtual Care is here
The Ontario Ministry of Health and Long-Term Care has approved and endorsed the use of video or phone medical appointments as a measure to facilitate physical distancing during the COVID-19 pandemic. The Ontario Hospital Association, the Ontario Medical Association and other healthcare associations are working together to develop tools to allow the connection of patients with their healthcare providers. The Ministry of Health has endorsed virtual care as effective for [...]
Keep It Simple: Rule 76 Gets An Update
As of January 1, 2020 there have been significant changes to the Simplified Procedure provisions under Rule 76 of the Rules of Civil Procedure. The changes expand the number and monetary jurisdiction of the cases that can proceed under the Simplified Rules, and address certain inefficiencies in the previous version of the Rules. Under the new Rules, the monetary jurisdiction is increased to $200,000, trials are capped at five days [...]
Cars Without Drivers: A Roadmap for Liability.
Autonomous vehicles will be more and more a fact of life in the coming decades. And while their arrival is a certainty, how they will function is not entirely settled. In particular, the kind of technology used by autonomous vehicles to see the road in front of them and to make decisions critical to our safety is right now the subject of a battle between Elon Musk (of Tesla) and [...]
Medical and Rehabilitation Insurance Limits need to be Restored
Ontario’s Budget for 2019 (“Protecting What Matters Most) included important changes for automobile accident victims. In particular, the government has announced that it will be restoring the available amounts for seriously (catastrophically) injured accident victims to $2,000,000. Those limits had been reduced by half in 2016, a move that stunned the legal and the rehabilitation communities. What happened in 2016 was that the Ontario government overhauled the no-fault accident benefits [...]
Family Law Act Claims
The victim of a car crash or other injury is rarely alone, as their injury often has a serious impact on their family. The victim may need to depend on their family members for personal care, transportation, and other forms of assistance. They may also lose the ability to contribute to their family in the way they did prior to their accident. If the victim is killed, their family members [...]
Victims of Assaults: Avenues for Compensation
For victims of assaults, the appropriate first steps are to get appropriate medical attention and to contact the police or other authorities (for example, the Children’s Aid Society). In many cases, it is crucial that the investigation gets started as soon as possible, but it is always advisable to contact the authorities, even if there has been a delay in reporting the assault. As is well known, assaults have been [...]
Who Should Bear the Cost of Accident Benefits Disputes?
Injured victims depend on Accident Benefits under the Statutory Accident Benefits Schedule1 (“SABS”) for income replacement and a variety of healthcare benefits to assist them with their recovery after a motor vehicle accident. Unfortunately, injured victims’ SABS benefits are often denied by insurers, and injured people are faced with the expense of disputing those denied benefits. There are many reasons someone injured in a motor vehicle accident may need to [...]
Claims Against Nursing Homes
In January 2018 the CBC aired a Marketplace investigation concerning nursing homes, Crying Out for Care. The program documented the disturbing reality at some nursing homes today. According to the report, violence, abuse, and neglect are experienced by seniors and disabled people far too frequently. Seniors and disabled people confined to nursing homes or other long-term care facilities have rights, and claims can be advanced by them or by their families [...]
Proposed Change to Pre-Judgment Interest Rates Would Hurt Innocent Accident Victims
Ontario's provinical government has introduced legislation to reduce the prejudgment interest rate for pain and suffering damages in car acidents from 5% to 1.3%. This is yet another step that will have the effect of taking money from innocent accident victims and putting it into the pockets of large insurance companies. In our view, if the pre-judgment interest rate is lowered there will be even less incentive for insurers to deal with motor vehicle accident claims promptly. Instead, they will [...]
Sail, Not Drift: Boating Safety
The late former U.S. President, Franklin D. Roosevelt, wrote that “To reach a port, we must sail – sail, not tie at anchor – sail, not drift”. Being purposeful and aware are critical to safe boating as more than 100 people are killed and many more are seriously injured in boating accidents every year. In this blog, we discuss the law, safety requirements, and safety precautions to make you purposeful, [...]
Move Your Soul Safely: Motorcycle Accident Injuries and Safety Recommendations
A famous motorcyclist mantra reads: “Four wheels move the body. Two wheels move the soul”. To many, motorcycling is as calming as it is exciting, but when motorcycle riders are involved in accidents, the resulting injuries can be more than unnerving – they can be catastrophic. In this blog, we discuss common motorcycle injuries and safety recommendations so that you can move your soul as safely as possible. Motorcyle Accident [...]
Keeping a Young Mind: Senior Driver Safety
Henry Ford, the automotive juggernaut founder and captain of industry, said, “Anyone who stops learning is old, whether at twenty or eighty. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young”. When it comes to senior drivers (drivers who are 80 years old and above), ongoing education not only helps foster a young mind, but also a safety-conscious one. In this blog, [...]
Look Well To The Spine For The Cause of Disease: Spinal Cord Injuries
The pioneering Greek physician Hippocrates, known as “The Father of Western Medicine”, said “Look well to the spine for the cause of disease". Hippocrates’ insight is as acute today as it was more than two thousand years ago – given the spine’s essential function, injuries can have catastrophic effects. In this blog, we examine the nature of spinal cord injury and medical negligence. Nature of Spinal Cord Injury: Occurrence, Causes, [...]
Carefulness Costs You Nothing: Careless Driving May Cost You Your Life
During the Progressive Era of the 1900’s, a period characterized by widespread social activism and political reform in the United States, public health and safety concerns took the form of awareness campaigns. One such campaign proclaimed: “Carefulness costs you nothing. Carelessness may cost you your life”. Though these words are from a century vastly different from our own, the message still resonates today; particularly, in the context of driving. At [...]
See the Safe Path: Truck Accidents and Personal Injury
Noted poet and philosopher, Henry David Thoreau, wrote that it’s not what you look at that matters, it’s what you see. When you look at personal injury accidents involving commercial transport trucks, you may only see catastrophic consequences. But, we are here to show you common causes of such accidents and provide you with safety recommendations to help you see your way to avoiding potential injury and tragedy. Common Causes [...]
With You at Every Stop: Bus Accidents and Personal Injury
Oprah Winfrey said that lots of people want to ride with you in the limo, but what you want is someone who will take the bus with you when the limo breaks down. We are that someone – there for you when a crisis arises and providing you with support to get you where you need to go. In the context of bus accidents and personal injury, such support can [...]
Hiring a Lawyer Blog: “Support Any Friend, Oppose Any Foe”
In speaking about adversity, John F. Kennedy vowed that “…we shall bear any burden, meet any hardship, support any friend, and oppose any foe”. Though at the time these words related to global diplomacy, they nonetheless stand as a mantra for the lawyers of McNally Gervan. When it comes to your case, we will support you in every way possible and zealously advocate on your behalf. In this blog, we [...]
Fated Encounters: Motor Vehicle Accidents
The celebrated Spanish artist Pablo Picasso did not believe in accidents and said, “There are only encounters in history. There are no accidents”. Although Picasso was speaking in the abstract, his words do resonate in the context of motor vehicle accidents. Many collisions may arise out of chance, fluke, or unintentional behaviour, but many more are caused by the intentional behaviour of drivers and, though called accidents, are in fact [...]
Simple Pleasure, Simple Protection: Cycling Safety
John F. Kennedy wrote that, “Nothing compares to the simple pleasure of a bike ride”. In Ottawa, that simple pleasure now enjoys greater protection with the recent addition of high-tech warning lights at the historically treacherous intersection of O’Connor and Waverley Streets. These warning lights alert motorists of an approaching cyclist’s intention to make a left turn, thereby creating an enhanced level of awareness and vigilance. While high-tech innovations are [...]
McNally Gervan Has a New Partner!
McNally Gervan LLP is excited and proud to announce that Greg Gilhooly has joined the partnership effective June 1, 2017. Greg has distinguished himself as a forceful and thoughtful advocate since his call to the Bar in 2011. Greg joined Mcnally Gervan LLP in 2012 and has been a a vital part of the firm's rapid growth and success. Greg will continue to practice in the area of personal injury, [...]
Law Society Rules on Referral Fees
The Law Society has approved a limit for referral fees based on a percentage of the legal fee. Effective April 27, 2017 a lawyer may pay another lawyer or paralegal a referral fee of 15% for the first $50,000 of legal fees and 5% of all legal fees thereafter, to an absolute maximum of $25,000. The new rules are clearly aimed at the new business of getting personal injury claims [...]
Lawyers and Excessive Legal Fees
A Toronto Star story highlights a real problem in the profession and with personal injury lawyers in particular. While the majority of personal injury lawyers are principled and follow the law carefully with regard to contingency fee agreements, some have been taking advantage of unsuspecting clients and have been overcharging them. The practice of overcharging clients for the work done on their behalf is yet another reason for injury victims [...]
Catastrophic Impairments and the Law
catastrophic injuryEvery year thousands of Ontario drivers and passengers end up with serious impairments following motor vehicle accidents. Some of those impairments will be catastrophic, even if the original injuries were not. Regulations under Ontario's Insurance Act define which impairments are “catastrophic” for the purpose of qualifying for more Accident Benefits under the Ontario Automobile Insurance Policy. Generally speaking, “catastrophic injuries” are ones that will have a serious lifelong impact [...]
Injured Passengers
If you are a passenger in an Ottawa 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 snowmobiles will also be able to obtain the same coverage in most circumstances. Injured passengers sometimes are confused where to turn for [...]
The Rise of Ride-Sharing
Ride-sharing is a rapidly growing industry across Canada. In the Greater Toronto Area alone, for instance, there are approximately 16,000 ride-sharing drivers. The most well-known ride-sharing service is Uber; drivers use the Uber app to connect with paying passengers that the drivers transport in their personal vehicles. In April, in the face of great controversy, Ottawa city council voted to legalize ride-sharing services such as Uber under a new licensing [...]
Attendant Care for Accident Victims
What is Attendant Care? If you are injured in a car accident in Ontario, your standard policy of auto insurance carries a provision for access to attendant care benefits. The attendant care benefit can be used to pay for reasonable and necessary expenses that you or someone on your behalf incurs while assisting an injured person with personal care following a collision (i.e. cooking, feeding, and dressing etc.). The attendant [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 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. [...]
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, [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
Jenni Lee Campbell of McNally Gervan discusses Calypso Claims on CBC
McNally Gervan lawyer Jenni Lee Campbell appeared on CBC News to discuss one of a series of claims for damages against Calypso Water Park in Limoges. Follow the link to see the story: http://www.cbc.ca/player/News/Canada/Ottawa/ID/2471859650/
Access to Justice Should Be An Election Issue
RESTRICTED ACCESS TO JUSTICE NEEDS TO BE PART OF THE ELECTION DISCUSSION With Ontarians heading to the ballot boxes in less than a month, people are paying heightened attention to what the parties and candidates have to say on issues they care about. For many people, that means education, health care, jobs and environmental issues. Unfortunately, tort rights, thresholds and deductibles are probably not even on the radar, and understandably [...]
When To Sue?: Limitation Periods For Car Accidents and Discoverability
The Ontario Insurance Act sets out various deadlines for when a lawsuit must be started for compensation arising from an injury. These are referred to as limitation periods. For an Ottawa car accident claim, you generally have two years from the date on which the accident occurred to commence a claim. If you attempt to start your claim after this deadline, the court may decide that you are out of [...]
Insurer Pays for Not Negotiating in Good Faith
The Insurance Act requires insurers to attempt to settle claims arising from car accidents as “expeditiously as possible." The Act also requires that either party to a motor vehicle action participate in mediation if the other side requests it. But what kind of teeth does this section really have in practice? Judging from a recent Ontario Superior Court decision, the consequences for insurers who fail to abide by the letter and the [...]
Skiing and Snowboarding Injuries
All experienced skiers know that the sport of alpine skiing comes with some risk of injury. Even beginners are who have lessons are probably aware of there is a code of conduct that is expected of skiers and snowboarders to help reduce the risk of injury and collisions. The Skier Code of Conduct or Mountain Code of Conduct will usually be posted at the ski hill. The Code is virtually [...]
Paul Auerbach Discusses Dangerous Sidewalks on CBC’s Ottawa Morning
Paul Auerbach of McNally Gervan LLP appeared on CBC Radio's Ottawa Morning with Robyn Bresnahan. Listen to the interview here: http://www.cbc.ca/video/player.html?clipid=2429229277&position=9241&site=cbc.news.ca
What You Need to Know About Snowmobiles
The rising popularity of snowmobiles is not hard to understand. They provide access to Ontario's stunning back country during the winter months and are both fun and (comparitively) inexpensive to operate. But just like motorcyclists, snowmobile riders and passengers can suffer serious personal injuries, including brain and spinal cord injuries. Care should be taken on every outing to make sure that the risks are minimized. Riders and passengers need to appreciate that the same or similar laws apply [...]
New Concussion & Mild Traumatic Brain Injury Guidelines Should Help Accident Victims Obtain Treatment
New Guidelines for Concussion/Mild Traumatic Brian Injury and Persistent Symptoms were recently released by the Ontario Neurotrauma Foundation. The lead author is Dr. Shawn Marshall, from the Ottawa Hospital, Rehabilitation Clinic. The guidelines are aimed at assisting doctors evaluate, monitor and manage symptoms of a concussion or mild traumatic brain injury. In our experience one of the major problems in the current accident benefits system is the fact that insurers [...]
Time Limits To Dispute Denial of Short or Long Term Disability Claims
If you are injured in an accident or suffer a sickness/illness that prevents you from attending work, you may have access to short-term and long-term disability coverage through your employer or other private insurance coverage. This coverage replaces your income while you are unable to work. Typically, this coverage is divided into short-term disability coverage (which typically replaces 80%-100% of your salary for approximately 3-6 months) and long-term disability coverage [...]
Summary of Accident Benefits Available
Most people who are injured in a car accident have no idea what their rights are or what benefits they might be entitled to receive. This is a summary only. It is always a good idea to speak with a lawyer who specializes in accident claims to make sure that you are getting the benefits you deserve. Since September 2010 there are three types of injuries under the current Statutory [...]
Important Decision about ATVs and Insurance
An Ontario judge has ruled that a Perth farmer can sue and can get access to certain insurance benefits in connection with a 2008 accident, even though the all-terrain vehicle (ATV) he was driving was not insured at the time of the accident. The Insurance Act includes a heavy penalty for an owner of a vehicle who is injured in an accident when the vehicle he was driving was not insured. That penalty is that he cannot [...]
Important Accident Benefit Decision
In September 2010 the Ontario government slashed the medical benefits you could get under your car insurance policy for injuries suffered in a motor vehicle accident. The $100,000 limit for treatments (those not covered by OHIP) was reduced to $50,000. For accident victims with so-called "minor injuries", such as strains, sprains and whiplash, the $100,000 limit was cut to $3,500. Last month, the Financial Services Commission of Ontario (FSCO) ruled [...]
What is the “Threshold” in a Car Accident Claim?
Frank was invited to present a paper entitled “Threshold Refresher” at the Ontario Trial Lawyers Association Conference which took place on May 30 and 31, 2013 in Toronto. The “threshold” is the criteria that an injured individual must demonstrate in order to receive compensation for pain and suffering. The objective of the threshold has been to restrict the rights of individuals for pursuing what some may categorize as “minor” tort claims [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
Accident Benefits Disputes
The Ontario Superior Court of Justice has recently pronounced that the Financial Services Commission of Ontario (“FSCO”), the regulating body for the insurance industry in Ontario, can no longer continue its practice of having motor vehicle collision victims wait in limbo for a resolution of their accident benefits disputes with their insurers. In Ontario, individuals who are involved in motor vehicle collisions are entitled to certain statutory benefits on a [...]
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