BlueHat Marketing Inc., Author at McNally Gervan

Fated Encounters: Motor Vehicle Accidents
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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 fated encounters. In this blog, we review the law related to the top three intentional behaviours that cause motor vehicle “accidents” to occur: distracted driving, careless driving, and driving under the [...]

Fated Encounters: Motor Vehicle Accidents

Simple Pleasure, Simple Protection: Cycling Safety
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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 important for cycling safety, so too are low-tech cyclist safety precautions and in this blog we have provided you with an overview of safety equipment, a guide to cycling in traffic, [...]

Simple Pleasure, Simple Protection: Cycling Safety

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, insurance and medical malpractice litigation.

McNally Gervan Has a New Partner!

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 and then passing on the work to another lawyer or law firm in exchange for a referral fee. Reports indicate that referral fees have become a significant portion of some lawyers' [...]

Law Society Rules on Referral Fees

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 and their families to take care when they select a lawyer or law firm. You can read the complete story here: https://www.thestar.com/news/investigations/2017/01/28/double-dipping-lawyers-taking-big-slice-of-injury-settlements.html At McNally Gervan LLP we take our obligations to [...]

Lawyers and Excessive Legal Fees

Catastrophic Impairments and the Law
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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 on many aspects of the victim’s life. Catastrophic injuries include paraplegia or quadraplegia. Serious traumatic brain injuries may also qualify as “catastrophic” injuries. Loss of vision or the amputation of an [...]

Catastrophic Impairments and the Law

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 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.) [...]

Injured Passengers

The Rise of Ride-Sharing
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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 category to take effect September 30, 2016. Much of the controversy around Uber and other ride-sharing companies arises from concern about how ride-sharing affects personal insurance coverage. The Insurance Bureau of [...]

The Rise of Ride-Sharing

Attendant Care for Accident Victims
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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 care benefit also covers services provided by long-term care facilities including nursing homes or chronic care hospitals and can include assistance with medication management and emotional support, among other services. [...]

Attendant Care for Accident Victims

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

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