VIRK PERSONAL LAW

Slipped and fell on snow or ice? Act fast.

On December 8, 2020, Bill 118 in Ontario came into effect, introducing changes to the Occupiers’ Liability Act. This is the legislation which establishes the duties and responsibilities of those in control of property or premises for things like keeping the property reasonably safe. This law is relied upon by victims of slip and fall […]

Self-Driving Cars are Here

Did you know that as of January 2019, driverless cars are allowed on Ontario roads?  At that time, Ontario’s transportation minister announced that participants in the automated vehicle pilot program could begin to test driverless cars on public roadways as long as certain conditions were met, including having a passenger aboard the vehicle or a […]

Increased jail time for careless drivers

In March 2020, due to the emergence of the COVID-19 pandemic, despite a gradual return towards business as usual, many Ontarians continue to work from home resulting in fewer vehicles on our streets. However, the empty streets and highways have also resulted in an increase in drivers engaging in reckless driving at high speeds. The […]

What is the duty of a bar owner to provide security for its patrons?

An owner of a bar or club has an obligation to make sure it is safe for its patrons to use.  This means, for example, ensuring that enough security guards are present, they are properly trained and that they do not use more force than reasonably necessary.  An owner only has to take reasonable steps […]

Can I make a Family Law Act claim?

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 […]

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 […]

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 […]

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 […]

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 […]