Is my brain impairment enough to render a catastrophic impairment designation?

As of April 1, 2016, the way accident benefit disputes will be handled has changed.  The License Appeals Tribunal (LAT) will handle arbitration applications instead of FSCO.  On November 29, 2016, the LAT heard one of the first decisions on the catastrophic impairment designation.  The decision,  P.L.F.R. and Intact Insurance Company  (Tribunal File #16-000145/AABS) is… Read More…

I was injured on my landlord’s property, what are my rights?

One of the most critical decisions involving limitation periods in recent history is the decision Letestu v. Rityln Investments Ltd., [2016] O.J. No. 5422 because the Court held that a personal injury claim involving a tenant and landlord is subject to the one year limitation period in the Residential Tenancies Act, 2006 (RTA) and not… Read More…

It is past the 2 year limitation period, do I have any rights to sue?

In Ontario, the basic limitation period for when a legal action needs to be started is two years from the day on which the claim was discovered (Section 4 of the Limitations Act, 2002). A claim can be discovered in a number of ways.  Section 5(1) and (2) of the Limitations Act, 2002 states: (1)… Read More…

Renewing your auto policy? Important changes to Ontario’s Statutory Accident Benefits Schedule (“SABS”) you need to know

  All owners of vehicles in Ontario must purchase a standard auto insurance policy.  If you or your loved ones are seriously injured in a car accident, then you are entitled to receive “No Fault” Statutory Accident Benefits.  However, on June 1, 2016 the benefits and coverage in the standard auto insurance policy changed.  These… Read More…

Virk Personal Injury Law Nominated for 2016 Business Excellence Award

Hamilton’s own CHCH called out for nominations for favourite local businesses.  We are happy to be recognized in the Law Firm category and will continue to strive for excellence in providing unparalleled  legal service in the Hamilton community.  Cast your vote today! http://www.chch.com/2016-business-excellence-awards/

Do I have to go to the defence medical assessment?

Three motions were heard before the Ontario Superior Court of Justice this summer which have further clarified when a defence medical examination is justified.  The three motions are: Marfo v. Ahmed, 2016 ONSC 396 [Marfo], Boulet v. Sir Corp. 2016 ONSC 5379 [Boulet] and Mork v. Sanghera, 2016 ONSC 5108 [Mork]. In the Mork decision… Read More…

I was involved in a hit and run car accident, who do I sue?

In the decision Yu Peng Ding et al v John Doe et al 2016 ONSC 1690, the Plaintiff was the driver of a silver van that crashed with a guard rail when he allegedly swerved to avoid a tractor-trailer. The investigating officer never confirmed the personal identification of the driver of the tractor-trailer. The Plaintiff… Read More…

What is an Auto Accident for the purpose of Accident Benefits?

An accident is defined under Section 3(1) of the Statutory Accident Benefits Schedule – Effective September 1, 2010 (“Schedule”) as: an incident in which the use or operation of an automobile directly causes an impairment or directly causes damage to any prescription eyewear, denture, hearing aid, prosthesis or other medical or dental device. Keeping this… Read More…

Inclusion of a Claim against a Plaintiff’s Ontario Automobile Insurer is not enough to create a Real and Substantial Connection to Ontario.

On August 11, 2012, Mr. Westfall was driving his motorcycle near the City of Vernon, British Columbia. Ms. Forsythe was a passenger. They were on a road trip to visit the hot springs. Suddenly, Westfall lost control of his motorcycle and there was an accident allegedly caused by an unidentified driver. Forsythe suffered a severe… Read More…

Prejudgement Interest Change is Not Retroactive

Lawyers have been arguing the past several months as to whether the change to the prejudgement interest rate should be applied to claims that occurred prior to the amendment. On January 1, 2015, section 258.3(8.1) of the Insurance Act came into force. The amendment says that the 5% prejudgment interest rate for non-pecuniary losses in… Read More…