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Court of Appeal Lays Down the Law on ATVs

2023-09-29T19:59:15-04:00

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 by another vehicle and suffered very serious injuries.  He sued the at-fault driver for his damages.  The insurer for the at-fault driver relied on a section of the Insurance Act (267.6(1)) [...]

Court of Appeal Lays Down the Law on ATVs2023-09-29T19:59:15-04:00

Access to Justice Should Be An Election Issue

2023-09-29T20:02:02-04:00

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 so. The reality is that most people don’t even know about these issues – and until they find themselves hurt in a car accident and face the shocking reality that insurance [...]

Access to Justice Should Be An Election Issue2023-09-29T20:02:02-04:00

When To Sue?: Limitation Periods For Car Accidents and Discoverability

2023-09-29T20:03:17-04:00

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 time to commence a claim and dismiss your claim. What if you did not know how serious your injuries were until months or years after the car accident? The Insurance Act does allow [...]

When To Sue?: Limitation Periods For Car Accidents and Discoverability2023-09-29T20:03:17-04:00

Insurer Pays for Not Negotiating in Good Faith

2023-09-29T20:04:43-04:00

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 spirit of the Act can be considerable. In Ross v. Bacchus the defendant insurer agreed to attend a mediation, but wrote beforehand that they were really “not interested” in settling the case.  The [...]

Insurer Pays for Not Negotiating in Good Faith2023-09-29T20:04:43-04:00

Skiing and Snowboarding Injuries

2023-09-29T20:05:59-04:00

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 the same if you were skiing in the Ottawa / Mont. Tremblant area or if you were skiing on holiday at Whistler or Lake Louise.  Most alpine ski hill operators follow [...]

Skiing and Snowboarding Injuries2023-09-29T20:05:59-04:00

What You Need to Know About Snowmobiles

2023-09-29T20:09:24-04:00

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 to the use of snowmobiles just like other motor vehicles such as cars or motorcycles. The use of snowmobiles in Ontario is governed by the Motorized Snow Vehicle Act.  It is absolutely necessary to [...]

What You Need to Know About Snowmobiles2023-09-29T20:09:24-04:00

New Concussion & Mild Traumatic Brain Injury Guidelines Should Help Accident Victims Obtain Treatment

2023-09-29T20:10:50-04:00

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 are slotting victims in the Minor Injury Guidelines which restricts treatment to $3,500 which is often woefully inadequate. The guidelines will be extremely helpful for assisting auto accident victims obtain treatment [...]

New Concussion & Mild Traumatic Brain Injury Guidelines Should Help Accident Victims Obtain Treatment2023-09-29T20:10:50-04:00

Time Limits To Dispute Denial of Short or Long Term Disability Claims

2023-10-02T12:22:34-04:00

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 (which typically replaces 50%-70% of your salary and is potentially available until the age 65). Long-term disability coverage usually has a change in the eligibility test at the two-year mark from [...]

Time Limits To Dispute Denial of Short or Long Term Disability Claims2023-10-02T12:22:34-04:00

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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