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Category Archives: Vehicles

Statutory Deductible in Motor Vehicle Cases

  In Ontario, under the Insurance Act, motor vehicle cases were damages for pain and suffering are awarded under the sum of $100,000.00, a $30,000.00 statutory deductible applies. It is argued that the logic behind a statutory deductible is generally considered to be to deter modest claims by those with modest injuries.   In Van Winckle v. Siodlowki [2009] O.J. No. 4807 (S.C.J.) the court explained how the deductible should be interpreted.   In the said case, the plaintiff was awarded exactly $100,000.00 for general damages or pain and suffering. The court focused on section 267.5(8) of the Insurance Act which provides the deductible does not apply where the amount of non-pecuniary general damages “would exceed $100,000.00”. Since the award was exactly $100,000.00, court held and clarified that …

SEATBELTS – What Does the Law Say?

For many Ontarians, the notion of wearing a seatbelt is so ingrained that it is surprising to think that we need a law to enforce what seems to be a common sense thing.  In fact, the prevalent use of seatbelts in Ontario is a result of the evolution of attitudes, car design, and the law.  It was not all that long ago that new cars did not necessarily come with seat belts and there was no law mandating the use of seatbelts. In Ontario, mandatory seat belt use was first required in January 1976.  Other provinces followed with mandatory seat belt requirements with Quebec in mid-1976, and many other provinces not until the mid to late 1980’s.  The Yukon imposed mandatory seat belt rules in 1991. The requirement …