BlueHat Marketing Inc., Author at McNally Gervan

What Is Objective Evidence of Chronic Pain?
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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 typically outside their area of expertise. Way more often than not, the assessment invariably finds “no objective evidence on ongoing impairment”, following which, the insurer denies all benefits. In a recent [...]

What Is Objective Evidence of Chronic Pain?

Is Your Facebook Page Evidence?
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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 companies to relevant information with a victim’s right to privacy. In a recent personal injury case, Hideq v. Evans, the judge further clarified when a Facebook page is producible in a court [...]

Is Your Facebook Page Evidence?

On the Water: What You Should Know about Boating Accidents and Injuries
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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 boating injury the claim for compensation is capped under the Marine Liability Act at $1,000,000 for claims for loss of life or personal injury and $500,000 in respect of any other [...]

On the Water: What You Should Know about Boating Accidents and Injuries

Under Pressure: What If Your Disability Insurer Says You Must Return to Work?
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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, this means that the criteria for ongoing eligibility for disability benefits have changed. This is when the insurance company will be reviewing the person’s capacity to work to see if they [...]

Under Pressure: What If Your Disability Insurer Says You Must Return to Work?

Court of Appeal Lays Down the Law on ATVs
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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 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 ATVs

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/

Jenni Lee Campbell of McNally Gervan discusses Calypso Claims on CBC

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 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 Issue

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

Insurer Pays for Not Negotiating in Good Faith
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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 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 Faith

Skiing and Snowboarding Injuries
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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 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 Injuries

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