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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 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 [...]

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 [...]

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 [...]

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 [...]

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, [...]

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 [...]