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 …
Slip and Falls in Stores and Malls In Ontario, persons entering properties have protection under the Occupiers’ Liability Act. That Act states in part as follows: Occupier’s duty 3. (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises. (2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on the premises. An Occupier is defined as follows: “occupier” includes, (a) a person who is in physical possession of premises, or (b) a person …