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Keep It Simple: Rule 76 Gets An Update

2023-09-29T18:57:33-04:00

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 (no jury notices allowed), and costs and disbursements are capped at $50,000 and $25,000 respectively.  The expanded monetary jurisdiction will be welcomed by the plaintiffs’ bar, as the costs and risks [...]

Keep It Simple: Rule 76 Gets An Update2023-09-29T18:57:33-04:00

Cars Without Drivers: A Roadmap for Liability.

2024-01-08T16:43:11-05:00

Autonomous vehicles will be more and more a fact of life in the coming decades.  And while their arrival is a certainty, how they will function is not entirely settled. In particular, the kind of technology used by autonomous vehicles to see the road in front of them and to make decisions critical to our safety is right now the subject of a battle between Elon Musk (of Tesla) and the rest of the competition.  Musk, who is famous for swimming upstream, has repeatedly dismissed the LiDAR (Light Detection and Ranging) approach to autonomous vehicle operation as a “fool’s errand”, and [...]

Cars Without Drivers: A Roadmap for Liability.2024-01-08T16:43:11-05:00

Medical and Rehabilitation Insurance Limits need to be Restored

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

Ontario’s Budget for 2019 (“Protecting What Matters Most) included important changes for automobile accident victims. In particular, the government has announced that it will be restoring the available amounts for seriously (catastrophically) injured accident victims to $2,000,000. Those limits had been reduced by half in 2016, a move that stunned the legal and the rehabilitation communities. What happened in 2016 was that the Ontario government overhauled the no-fault accident benefits system, evidently aiming to make the automobile insurance a more profitable product for insurers to sell. The result was that the most seriously injured accident victims are often left without nearly [...]

Medical and Rehabilitation Insurance Limits need to be Restored2023-09-29T19:00:26-04:00

Family Law Act Claims

2023-09-29T19:07:04-04:00

The victim of a car crash or other injury is rarely alone, as their injury often has a serious impact on their family. The victim may need to depend on their family members for personal care, transportation, and other forms of assistance. They may also lose the ability to contribute to their family in the way they did prior to their accident. If the victim is killed, their family members may also incur expenses for a funeral and may suffer damages due to the loss of their relationship with the victim. In Ontario, the Family Law Act (“FLA”) enables a victim’s family members [...]

Family Law Act Claims2023-09-29T19:07:04-04:00

Victims of Assaults: Avenues for Compensation

2023-09-29T19:01:40-04:00

For victims of assaults, the appropriate first steps are to get appropriate medical attention and to contact the police or other authorities (for example, the Children’s Aid Society). In many cases, it is crucial that the investigation gets started as soon as possible, but it is always advisable to contact the authorities, even if there has been a delay in reporting the assault. As is well known, assaults have been investigated months or even years after they occurred, and the police and other authorities will still investigate these incidents and charges will still be brought in appropriate cases. But even if [...]

Victims of Assaults: Avenues for Compensation2023-09-29T19:01:40-04:00

Who Should Bear the Cost of Accident Benefits Disputes?

2023-09-29T19:03:12-04:00

Injured victims depend on Accident Benefits under the Statutory Accident Benefits Schedule1 (“SABS”) for income replacement and a variety of healthcare benefits to assist them with their recovery after a motor vehicle accident. Unfortunately, injured victims’ SABS benefits are often denied by insurers, and injured people are faced with the expense of disputing those denied benefits. There are many reasons someone injured in a motor vehicle accident may need to dispute a denied SABS benefit at the Licence Appeal Tribunal (“LAT”). One legal reason is that section 267.8 of the Insurance Act2 permits the at fault party (i.e. tort defendant) to [...]

Who Should Bear the Cost of Accident Benefits Disputes?2023-09-29T19:03:12-04:00

Claims Against Nursing Homes

2023-09-29T19:05:19-04:00

In January 2018 the CBC aired a Marketplace investigation concerning nursing homes, Crying Out for Care. The program documented the disturbing reality at some nursing homes today. According to the report, violence, abuse, and neglect are experienced by seniors and disabled people far too frequently. Seniors and disabled people confined to nursing homes or other long-term care facilities have rights, and claims can be advanced by them or by their families to recover damages caused by abuse or neglect. Anyone who has reason to believe a loved one has been the victim of abuse should contact the police without delay. And if [...]

Claims Against Nursing Homes2023-09-29T19:05:19-04:00

Proposed Change to Pre-Judgment Interest Rates Would Hurt Innocent Accident Victims

2023-09-29T19:08:28-04:00

Ontario's provinical government has introduced legislation to reduce the prejudgment interest rate for pain and suffering damages in car acidents from 5% to 1.3%.  This is yet another step that will have the effect of taking money from innocent accident victims and putting it into the pockets of large insurance companies. In our view, if the pre-judgment interest rate is lowered there will be even less incentive for insurers to deal with motor vehicle accident claims promptly.  Instead, they will choose to delay settlement and keep money as long as possible and continue to make money from investments.   Insurers already make use of their resources to make the litigation process slow, expensive and [...]

Proposed Change to Pre-Judgment Interest Rates Would Hurt Innocent Accident Victims2023-09-29T19:08:28-04:00

Sail, Not Drift: Boating Safety

2023-09-29T19:10:01-04:00

The late former U.S. President, Franklin D. Roosevelt, wrote that “To reach a port, we must sail – sail, not tie at anchor – sail, not drift”.  Being purposeful and aware are critical to safe boating as more than 100 people are killed and many more are seriously injured in boating accidents every year.  In this blog, we discuss the law, safety requirements, and safety precautions to make you purposeful, aware, and help you avoid serious and potentially fatal accidents. The Law Boating is governed by the Canada Shipping Act, 2001, which includes regulations related to the competency of operators of pleasure [...]

Sail, Not Drift: Boating Safety2023-09-29T19:10:01-04:00

Move Your Soul Safely: Motorcycle Accident Injuries and Safety Recommendations

2023-09-29T19:11:30-04:00

A famous motorcyclist mantra reads: “Four wheels move the body.  Two wheels move the soul”. To many, motorcycling is as calming as it is exciting, but when motorcycle riders are involved in accidents, the resulting injuries can be more than unnerving – they can be catastrophic.  In this blog, we discuss common motorcycle injuries and safety recommendations so that you can move your soul as safely as possible. Motorcyle Accident Injury: Head The most serious injury arising from a motorcycle accident is one to a rider’s head.  These injuries range in severity from concussions (mild traumatic brain injuries) to major brain [...]

Move Your Soul Safely: Motorcycle Accident Injuries and Safety Recommendations2023-09-29T19:11:30-04:00

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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