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Lawyers and Excessive Legal Fees

2023-09-29T19:27:26-04:00

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 Fees2023-09-29T19:27:26-04:00

Catastrophic Impairments and the Law

2023-09-29T19:28:38-04:00

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 Law2023-09-29T19:28:38-04:00

Injured Passengers

2023-09-29T19:30:33-04:00

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 Passengers2023-09-29T19:30:33-04:00

The Rise of Ride-Sharing

2023-09-29T19:31:51-04:00

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-Sharing2023-09-29T19:31:51-04:00

Attendant Care for Accident Victims

2023-09-29T19:35:38-04:00

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 Victims2023-09-29T19:35:38-04:00

Ontario Court of Appeal Sets Aside Fee Agreements

2023-09-29T19:36:46-04:00

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 Agreements2023-09-29T19:36:46-04:00

Important Changes to Automobile Insurance

2023-09-29T19:39:05-04:00

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 Insurance2023-09-29T19:39:05-04:00

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

2023-09-29T19:41:02-04:00

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 Policy2023-09-29T19:41:02-04:00

Waivers and Recreational Sports

2023-09-29T19:42:22-04:00

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 Sports2023-09-29T19:42:22-04:00

Passengers Have Rights Too

2023-09-29T19:43:27-04:00

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 Too2023-09-29T19:43:27-04:00

At McNally Gervan we represent accident victims who have suffered catastrophic and serious personal injuries. We have the experience, the determination, and the resources to level the playing field. Contact us for a free consultation with a personal injury lawyer and tell us what happened.

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