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Category Archives: Accidents Causing Death Ontario

Ottawa car accidents causing permanent and serious injuries – what is the deductible? Ouch! Ontario Law Hurts Injury Victims!

Injured in a car accident? better be a very bad accident, otherwise you will get little compensation in Ontario. In Ontario, if you are injured in a car accident, a award for “pain and suffering” is generally only available if you have suffered what is called a ‘permanent and serious physical or psychological impairment or permanent and serious scarring’. Once you meet that test, the insurance company is then entitled to apply what is called a deductible from any damages assessed, essentially they get to reduce the amount they have to pay for pain and suffering, in many cases by $30,000 (adjusted to today’s dollars – about $35,500). What is a “deductible” on pain and suffering? If you sue the car driver who caused you injury and you …

Wrongful Death Claims in Ontario – Ottawa Family Law Act – Wrongful Death Lawyers

Wrongful Death – Claims by family members – Ontario Law In the recent case of MacDonald v. Duncan, 2015 ONSC 7135, the Court increased the upper limit in damages for loss of care, guidance, and companionship as a result of the death of an adult sibling. Under section 61 of the Family Law Act, family members who have lost a loved one can claim damages from the person who caused the death on the basis of negligence. Section 61 specifically states: Right of dependants to sue in tort 61. (1) If a person is injured or killed by the fault or neglect of another under circumstances where the person is entitled to recover damages, or would have been entitled if not killed, the spouse, as defined in Part …