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Author: Michael Kelly & Sabrina Singh

Kelly + Singh Lawyers LLP > Articles posted by Michael Kelly & Sabrina Singh

There’s Nothing Fair About Ontario’s “Fair Auto Insurance Plan” For Accident Victims

Neck Injury from Accident

Earlier this week the Ontario Government announced new proposed legislation to address auto insurance called "Ontario’s Fair Auto Insurance Plan”. This newly proposed legislation – the government claims -  will once and for all tackle high insurance premiums.  You have heard that promise before, repeatedly.   It’s perhaps no surprise that the Insurance Bureau of Canada, a national lobby group for insurance companies welcomes the latest changes. Previous government changes to the Insurance Act have reduced benefit amounts that accident victims can claim to minimal sums.   The Government very proudly announced that their plan means millions of tax payer dollars will be...

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Employment Contracts And The Right To Reasonable Notice

Reasonable Notice in Employment Contracts

Getting fired can be one of the most stressful things that can happen to someone.  We don’t like to think about it but even the best employees can be let go when employers’ decide their staffing needs change.  We might assume that we will receive reasonable notice but often can be unpleasantly surprised when we find out what our rights are. Employment relationships are a form of contract, although at one time many jobs were offered on a “handshake”, with the terms of the contract implied through the recognition of general principles developed through cases decided by the courts. A key concept...

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7 Things You Should Know Before Requesting Records From Your Condo

Condominium Records Blog

With the new amendments to the Condominium Act, there will be new rules and guidelines on how condominium corporations and unit owners will deal with records requests. There has been recognition on the regulatory level that unit owners requests for records has been a pesky problem causing grief for condominium corporations and unit owners alike, neither of whom are particularly clear on what their rights and obligations are when a unit owner is seeking records. This is in part due to the fact that the Condominium Act originally enacted in 1998, was relatively untouched until the government recognized the need for clarity and...

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Marijuana Legalization – Good or Bad For Accident Victims?

Marijuana Legalization in Ontario and Personal Injury

This Blog was written with contributions from Kirsten O’Brien, Patient Services Educator at Medical Marijuana Consulting. The forthcoming legalization of marijuana in the summer of 2018 will have wide ranging implications for the law in several areas, including personal injury law.  In this blog we consider marijuana legalization and its potential impact on roadway safety and personal injury victims. A major cause of motor vehicle accidents and serious injury is impaired driving. The legalization of marijuana will create new challenges for the government and police authorities. They will have to work quickly to ensure provisions are in place to identify and prevent...

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Auto Insurance Industry Reaps Profits As Accident Victims Pay The Price Of Reforms

Insurers Reap Profits while Accident Victims Pay

Starting in 1990, successive Ontario governments under pressure to reduce the rising costs of automobile insurance engaged in a long history of changing and amending the way that victims of car accidents would be compensated for their losses and obtain treatment on a timely basis.  The emphasis now was on “no-fault” or “accident benefits where the injured person’s own insurer would cover much of the treatment and economic losses suffered.  The right to sue negligent motorists still existed (“tort”), but in a very limited form. (Check out our blog on Five common myths About Making a Claim After a Car...

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Five Things To Know About Proving Chronic Pain In Personal Injury Cases

Chronic Pain

1) Chronic Pain Is A Long Term Pain Disorder That Can Arise After A Car Accident Or Personal Injury In many cases involving personal injury – whether it be a motor vehicle accident, a work accident or an insurance claim – the diagnosis of chronic pain syndrome or fibromyalgia may come up.  Generally, we are talking about an individual who suffers significant and disabling pain, yet the test reports (MRIs, CT scans etc.) don’t reveal a cause for the pain. While chronic pain syndrome typically refers to a localized pain in particular areas of the body, such as one’s neck, back or...

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Recent Court Ruling Is A Beacon Of Light In Foggy Legislation On Lawyers Fees

Court Decision Beacon For Lawyers Fees Disputes

When a lawyers fees are unpaid, or a client refuses to pay the account or disputes the fees owing, there are usually two potential avenues of recourse for either the client or the lawyer. Any party can either move to have the lawyers fees “assessed” by a court official called an Assessment Officer, or to pursue a lawsuit regarding the lawyers fees. There has been much confusion even among the courts about what the proper course of action is in such a situation. The confusion lies in the archaic provisions of the Solicitor’s Act, an Act which has frustrated judges and...

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How “Justice For All” Has Become Tribunals For Most

Justice For All Is Becoming Tribunal For Most

Most of us believe that justice means - if we are involved in some sort of legal dispute that we are entitled to our “day in court”.  Historically, a trial by a jury of one’s peers has been a cornerstone of justice within the democratic tradition in common law countries such as Canada, the United States and Britain. Over the past several decades, however, the right to one’s day in court has been continually eroded resulting in a serious access to justice issue. Lack of adequate government funding has led to backlogs and delays creating significant frustration for litigants and giving...

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Under Construction: Major Reforms Coming To Construction Lien Act

Under Construction: Major Reforms To Construction Lien Act

The Ontario government has tabled Bill 142, which if passed will result in fundamental changes to the Construction Lien Act (the Act) and will have a significant impact on payment and dispute resolution practices within the construction industry. The most significant of the proposed amendments to the Act is the introduction of a mandatory prompt payment regime. Prompt payment regimes have been in place for decades in some other jurisdictions including the U.K., and there have long since been calls for Canada and Ontario to adopt a similar model. The impetus in adopting a prompt payment regime within this unique sector is to...

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Do You Have To Take Any Job To Curb Your Losses From A Wrongful Dismissal? No Says Ontario’s Top Court

Wrongful Dismissal Employment Law Blog

Ontario's top court has recently affirmed that an employee is not required to take a substantially inferior position in order to mitigate damages for wrongful dismissal. In this case the Plaintiff was a manager working for a particular McDonalds franchise for 13 years, she obtained a 7 year credit for service as a result of having worked a number of years previously for another McDonalds franchise. After several years of exceptional employment reviews, in 2011 after receiving her first negative performance review she was offered a demotion to assistant manager. Although the rate of pay was the same the demotion meant a...

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