How Much Is My Car Accident Claim Worth in Ontario?
Short answer: There is no fixed formula. The value of an Ontario car accident claim depends on the severity of your injuries, your income loss, your future care needs, and how the Insurance Act limits and thresholds apply to your case. Most serious injury claims fall into two parallel streams — accident benefits (SABS) from […]
Can Insurers Deduct a Future Catastrophic Impairment (CAT) Award From Your Personal Injury Damages in Ontario?
By Baldeep Virk Short answer: No. Under Ontario law, a possible future CAT designation cannot be deducted from a damages award under s. 267.8 of the Insurance Act unless the defendant can prove entitlement “beyond dispute”. I recently settled a case where the defendant vigorously argued they were entitled to deduct future benefits up to […]
Injured on a recreational trail? You may have a claim.
By Breanna LeBlanc Situated along the Niagara Escarpment, the City of Hamilton is responsible for over 180 kilometres of recreational trails. It is known as the “Waterfall Capital of the World”, and the trails attract various people looking to enjoy nature and the summer weather. But with more people looking to access the trails, what […]
Would you work for less than minimum wage? Neither should anyone else.
By Breanna LeBlanc The answer is no — and yet that’s exactly what some Ontario auto insurers are demanding from injured accident victims and their caregivers. It’s time to call this out for what it is: unfair, and exploitative. Section 19 of the SABS obligates auto insurers to pay Attendant Care Benefits incurred by or […]
Am I entitled to general damages for my pain and suffering?
So you have been injured in a car accident in Ontario and are considering suing for your pain and suffering, also referred to as ‘general damages’. There are two things you need to consider if your injuries arise from an automobile accident: 1) you need to have suffered a serious permanent impairment of an important […]
Rethinking Canada’s Cap on Pain and Suffering
By Baldeep Virk We recently resolved a case for a client who was left paraplegic after a serious accident. When it came time to put a number to the dramatic life-altering changes to his life, it was difficult to explain that the law limits how much a person in his position can receive for their […]
Can my broker be held liable for not offering me optional accident benefits?
The Ontario government has proposed major revisions to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “SABS”). These changes will come into force on July 1, 2026, and will drastically reduce the mandatory benefits currently available under the standard auto insurance policy. The following benefits are currently mandatory under the present SABS […]
Negligent Home Construction and Your Right to Compensation in Ontario
Buying or building a new home is an exciting milestone for most Ontarians. Unfortunately, some homeowners discover after moving in that their home wasn’t built properly. In serious cases, faulty or negligent construction can even lead to injury. When that happens, questions quickly arise: Who is responsible? and How can I recover the costs or […]
How can I recover compensation after I am injured in a hit-and-run motor vehicle accident?
Under Ontario’s insurance laws, someone who is injured in a motor vehicle accident caused by an unidentified motorist can recover compensation if they meet specific legal requirements to claim under the OPCF-44R Endorsement. Most people in Ontario have the optional OPCF-44R endorsement attached to their automobile insurance policy. The OPCF-44R endorsement allows someone who is […]
You’re invited to our webinar on the upcoming SABs changes
