When a loved one is injured in a motor vehicle accident, the individual is not the only person affected by the losses suffered. Family members are also affected, whether it be because their loved one is no longer the same person, or the family members have take on new roles and support the accident victim… Read More…
7 key aspects of the new Ontario’s Fair Insurance Plan
On Tuesday December 5 2017, Ontario’s Minister of Finance with the Attorney General announced their Fair Auto Insurance Plan. These reforms were recommended by David Marshall, whom back in April of 2017 released a report, urging that transformative changes need to be made. Regardless of Ontario having the lowest collision rate in the country, we… Read More…
Will my personal injury settlement be considered in my divorce?
A personal injury action that arises before or during your marriage can cause confusion when going through a divorce. What will happen to the money you receive from an ongoing or settled personal injury claim? While this question is fact specific and will depend on each person’s situation, here are three tips for guidance: Seek… Read More…
Read the press release for the auto reforms from Marshall’s report here:
https://news.ontario.ca/mof/en/2017/12/ontarios-fair-auto-insurance-plan.html
Does my injury meet the threshold?
In order to obtain damages for non-pecuniary loss and past or future health care costs, the threshold provisions require not only that a plaintiff establish that the damages meet the “threshold” requirements of a “permanent” and “serious” impairment of an “important” physical, mental or psychological function, but also that the “damages for non-pecuniary loss” or… Read More…
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/