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Category: Motor Vehicle Accidents

Hit By A Car As A Pedestrian: Your Rights

Hit By A Car As A Pedestrian: Your Rights

The terrifying reality is that pedestrian versus motor vehicle collisions often result in serious injuries.  With the high number of accidents on city roads each day, we all share the burden of making our streets safer.  Interestingly, the law treats pedestrian accidents differently than other accidents.      One of the first things I do when I wake up in the morning is check the local news.  Today, the major headline was another deadly pedestrian hit-and-run accident.  As I prepare for work,…

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Involved in an at-fault car accident? You are still entitled to benefits

Involved in an at-fault car accident? You are still entitled to benefits

A person who has been injured in any accident involving a motor vehicle can claim accident benefits regardless of fault. These benefits are available without having to sue a third party. Every automobile insurance policy in Ontario has mandatory accident benefits coverage. These benefits cover not just an occupant of an automobile (eg. cars and buses), but also include pedestrians, cyclists, as well as family members who may also claim benefits if they have suffered losses as a result of…

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Do You Have Insurance Coverage as a Cyclist?

Do You Have Insurance Coverage as a Cyclist?

Despite efforts by many municipalities to make streets more bike-friendly, cyclists are still at a major disadvantage when sharing the road with motor vehicles. In my practice as a personal injury lawyer in Ontario, some of the most devastating injuries we come across involve cyclists struck by cars. Given how short our summers tend to feel, it’s not surprising that many of us grab our bikes as soon as warmer weather arrives. Besides being an environmentally friendly form of transportation,…

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Who Is At Fault for This Car Accident?

Who Is At Fault for This Car Accident?

I’m sure that most of you have experienced the feeling of having to be somewhere by a certain time, only to get on the road and face terrible traffic and road closures due to car accidents. Thankfully, most accidents are minor and involve only property damage and some minor clean-up of the roads. However, during the summer when the weather is beautiful, we tend to see more serious accidents where high speeds combined with distracted driving result in tragic consequences….

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Here Are the Steps of a Lawsuit

Here Are the Steps of a Lawsuit

Have you ever wondered what steps are involved when you initiate a lawsuit? It’s easy to picture a case going to trial before a judge or jury but before a trial can take place, there are many steps that need to be undertaken before a matter can proceed through the court system. Here are the main steps of a civil proceeding in Ontario, keeping in mind that many cases settle before trial: Investigatory phase Before a lawsuit can be filed,…

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How the courts hold expert witnesses’ feet to the fire

How the courts hold expert witnesses’ feet to the fire

In an adversarial environment, lawyers on both sides will endeavor to put their best foot forward on behalf of their clients.  However, experts are always expected to provide the court with unbiased, non-partisan opinion evidence. Recent judicial decisions have helped identify situations of bias and helped to clarify circumstances when the court may choose to include or exclude an expert’s evidence.  The starting point for any analysis as to the role and duty of experts can be found at 4.1.01…

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