Papers & Guides
Papers & Guides
-
Guide
Brain Injured Clients Impact of the Tort & Accident Benefits File
You receive a new file and your client may have a head injury. Family members are stating that the injured person is “forgetful”, “not themselves”, keeps losing their train of thought”, “can’t remembe...Continue Reading -
Guide
Navigating the Minefield: Meshing Tort, LTD and Employment Law Considerations
How many plaintiffs’ lawyers have been faced with this situation? A potential client comes in to see you. She tells you how she was returning home from work after working the midnight shift at a local...Continue Reading -
Guide
Proving Catastrophic Impairment Pursuant to the Statutory Accident Benefits Schedule: Key Considerations
With the introduction of the “catastrophic impairment” under Bill 59 and Bill 198, further common acronyms for consideration are CAT (short form for catastrophic), CAT DAC (catastrophic determination ...Continue Reading -
Guide
Long Term Disability Litigation: Ten Practical Tips
This paper is not meant to be an academic treatise, but rather a practical guide for litigators who may be considering devoting a larger part of their practices to long-term disability litigation. For...Continue Reading -
Guide
Dawn of a New Era of Ontario Human Rights Complaints: Transitioning from a Commission-Based to a Tribunal-Based Complaints Procedure
We are in the middle of a fundamental shift with respect to the treatment of Human Rights Complaints in the Province of Ontario.Continue Reading -
Guide
Meds, Lies and Videotape: Are Defendants Allowed Multiple Examinations Under the Rules and the Contract and Can You Videotape Them?
Canadians are privileged to live in a country with one of the best health care programs in the world. We have highly-trained doctors, modern hospitals, and cutting-edge diagnostic tools. However, for ...Continue Reading -
Guide
Improvident and Bad Faith Settlements
This guide is intended to provide an overview of how improvident settlement was defined in the past in the context of accident benefits, and how bad faith settlement is being defined currently.Continue Reading -
Guide
Interplay between TORT and LTD: What Collateral Benefits Does the LTD Carrier Get to Claim
There is a general feeling amongst Canadians that there is value in purchasing the “peace of mind” that comes from having protection to cover the negative economic consequences of accident or illness.Continue Reading -
Guide
Insurance Fraud in Canada: The Good, The Bad, and The Ugly
A brief visit to the Insurance Bureau of Canada website reveals a world fraught with danger, and a country being entirely overtaken by rampant insurance fraud.Continue Reading -
Guide
Solving Coverage Issues
As cases continue to become more challenging in traditional personal injury areas such as motor vehicle litigation, it is not surprising that increasing numbers of lawyers are turning their attention ...Continue Reading -
Guide
Developing Damages: It’s More Than Just Punitive Damages
Bad faith damages continue to struggle to gain a foothold in Canadian courtrooms. Due largely to the groundbreaking decision of Whiten v. Pilot, victims of insurance companies that unreasonably withho...Continue Reading -
Paper
Managing your recovery: A self-advocacy guide |Ontario
A sudden injury or illness of a family member or a close friend can be overwhelming. Added to the stress is the uncertainty related to health care options. Whether injured in a motor vehicle accident,...Continue Reading
