Courts can order assessments by non-health practitioners

Whether the physical or mental condition of a party to a proceeding is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health practitioners. The parties in the recent Court of Appeal decision Ziebenhaus v. Bahlieda 2015 ONCA 471 agreed that a vocational… Read More…

I was in a motorcycle accident, who is at fault?

With the nice weather  in full swing, riders are excited to bring out their motorcycles.  It is important riders take precautions to stay safe and that drivers on the road take proper care around motorcyclists. Unfortunately, the motorcycle accidents we work on often involve the most serious and fatal injuries. Unlike cars, trucks and other… Read More…

Join us at Up For Debate event

Virk Personal Injury Law is proud to be a partner for the upcoming Up For Debate event scheduled to be held in Hamilton next Wednesday. There’s a federal election on our horizon. Help create dialogue about the issues that are important to women and girls. Click here to register today! http://www.eventbrite.ca/e/up-for-debate-tickets-16898100674?aff=estw

Court decides change to PJI is retroactive

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 motor vehicle accident claims no longer applies. Instead, prejudgement interest for non-pecuniary losses is to be calculated using the rate applicable to pecuniary losses, i.e. the bank rate in… Read More…

We are proud sponsors of the upcoming Acquired Brain Injury conference

Virk Personal Injury Law is a proud sponsor of the 2015 Hamilton Health Sciences 22nd Annual Acquired Brain Injury Conference. The conference is scheduled to be held on May 14th and 15th at the Hamilton Convention Centre. To find out more, visit: http://www.hamiltonhealthsciences.ca/body.cfm?id=2127

More changes to accident benefits to reduce recovery to car accident victims

The Liberal government has released the budget for the 2015-16 fiscal year indicating the following changes relevant to the auto insurance industry: – Combining attendant care benefits into the medical rehabilitation benefit category while increasing this category from $50,000 to $65,000 (currently attendant care is separate category at $36,000); – Combining attendant care into the… Read More…

Call for Sponsors for Camp Dawn!

Bal Virk is a proud member of the Board for Camp Dawn. #CampDawnON provides a rare opportunity to adults with acquired brain injuries to participate in the full camp experience! Camp Dawn has grown tremendously over the years from 19 campers and 11 leaders when it started in 2003 to now host 100 campers and… Read More…

What communication is appropriate between experts and lawyers?

The Court of Appeal in Moore v. Getahun [2015] O.J. No. 398 has recently provided clarity as to whether lawyers can review draft expert reports and what is the appropriate degree of consultation between a lawyer and a testifying expert? The issue arose in a medical malpractice case. The Court of Appeal for Ontario concluded… Read More…

Been in an ATV or snowmobile accident?

With winter in full swing, operating All Terrain Vehicles (ATVs) and snowmobiles for recreation and transportation is very common. In recent years, there has been an increase in the number of registered off-road vehicles…and accidents. ATV and snowmobiles pose certain risks. Similar to motorcycle accidents, ATVs lack structural protection to riders in the event of… Read More…

What happens once I am discharged from the hospital?

This can be a very daunting time as you have likely become accustomed to having the care of a number of health professionals in the hospital. However, it will not be a daunting time with the right lawyer. This is a critical time for you to contact a lawyer so that they can put together… Read More…