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Category Archives: Motorcycle lawyer Ottawa

Car Accident Injury Victims Suffer Another Hit by Changes to the Insurance Act of Ontario

Catastrophic determinations under the Insurance Act of Ontario The definition of catastrophic impairment changed in 2010. It will change again in 2016 and it is not good news for car accident injury victims. The changes to the definition may make it more difficult for injured persons to claim “catastrophic impairment” in motor vehicle accidents in Ontario. For collisions that occur on or after September 1, 2010 but before June 1, 2016 the definition of a catastrophic impairment is as follows: In Ontario, the Statutory Accident Benefits Schedule (SABS), define in his clauses 2(1.2)(f) and (g) what we can consider as a catastrophic impairment. Basically, the law define it as follow: For the purposes of this Regulation, a catastrophic impairment caused by an accident is, paraplegia or quadriplegia; the …

Defence Medical Examinations – Ottawa accident and injury lawyers provide recent case analysis

Defence Medical Examinations and Obligations In the recent case of Nikolakakos v. Hoque, 2015 ONSC 4738, the Court addressed the issue of whether the defendant had to provide the plaintiff with a copy of their instruction letter to their medical examiner who was scheduled to examine the plaintiff, prior to the examination taking place. In court actions, where the physical or mental condition of a party is in question, a party can seek the medical examination of the other party. Rule 33.01 of the Rules of Civil procedure states: A motion by an adverse party for an order under section 105 of the Courts of Justice Act for the physical or mental examination of a party whose physical or mental condition is in question in a proceeding shall …