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Personal Injury

Kelly + Singh Lawyers LLP > Personal Injury

The Highs And Lows Of The WSIB’s New Cannabis Policy

medical cannabis prescription declined by WSIB

With the legalization of cannabis in Canada, the Ontario Workplace Safety and Insurance Board (WSIB) has finally addressed the use of medical cannabis for treatment of work-related injuries in the Policy Manual document issued on March 1, 2019.  Noting that legalization of cannabis for medical use arrived in Canada in 2001, it has only taken the WSIB eighteen years to catch up. We finally have guidelines on when medical cannabis may be paid for by the WSIB.  The policy starts off with following statement: "Medical cannabis is not necessary, appropriate, or sufficient health care treatment for most medical conditions due to...

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Seven Reasons We Need A Complete Overhaul of Auto Insurance In Ontario

Ontario’s auto insurance system needs a complete overhaul and now is the time. Many successive governments in Ontario have tried to fix the system, at times applying band-aid reforms, some of which only made matters worse. The current Ontario government has heeded the call to action. They just concluded an online public consultation survey on February 15, 2019 and are now working to come up with solutions to the auto insurance problem.  Doug Downey, the Conservative MPP, who has been tasked with looking at legislative reforms to auto insurance in Ontario, appears open to all possible reforms. 1) Drivers Pay The...

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Tell The Government What You Think Of Auto Insurance In Ontario

Tell The Government What You Think About Auto Insurance In Ontario

Although most of us would like to start the year off with optimism, things are off to a bleak start this year for auto insurance consumer and injury victims rights in Ontario. One might even consider it a crisis. Thankfully, the recently elected Ontario Government has decided to turn their attention to the desperate need for auto insurance reform in the province and they want your opinion. They have set up a website where any member of the Ontario public can provide their feedback. We urge everyone to participate in sending a strong message to the government that the auto insurance...

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Court of Appeal Signals Door Still Open For Social Host Liability

Williams v. Richards social host liability personal injury law kelly singh lawyers

As we once again enter another festive season, many of us look forward to attending and socially hosting get-togethers with friends, family and colleagues.  Alcoholic drinks are often consumed, and chances are that some guests may overindulge.  What risks is the social host of such a party assuming? The concern for social hosts usually relates to a guest who drinks too much, gets in their car and causes an accident in which they seriously injure or kill themselves, or other innocent users of the roadway. Liability to injured third parties against commercial establishments such as bars, that overserve drunken guests is well-established....

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Recent Divisional Court Ruling Another Blow To Injury Victims Rights

Div Court Ruling Deals Major Blow To Catastrophically Injured

In a recent Divisional Court ruling of Tomec v. Economical Mutual Insurance Company, the Panel has held that a limitation period expires for certain benefits that accident benefits claimants are entitled to even before they meet the requirements to be entitled to those benefits. In the case Ms. Tomec had applied for attendant care and housekeeping benefits from her own insurer after she was seriously injured in a car accident in September of 2008. Under the legislation in effect at that time, an accident victim is only entitled to these types of benefits for the first two years after an accident...

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Are Accident Victims Getting A Fair Hearing Before The LAT?

LAT unfair decision making

When deciding whether an adjudicative proceeding like a trial or a tribunal hearing has been conducted fairly, appellate judges will often cite a fundamental judicial principle: “that justice must not only be done but must be seen to be done”. This principle stands for the fact that the public needs to have confidence that any such hearings are decided  by the judge or adjudicator based on the evidence presented by the parties at the hearing in a fair and open forum.  Part of this process means that the judge or adjudicator allows the parties to make submissions on points to...

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Do You Have A Claim For Your Slip & Fall Injury?

slip & fall injury

Whether it’s an icy patch in the mall parking lot, or a slip in the grocery store on a fallen grape or spilled liquid detergent, falls can have serious consequences, resulting in serious injuries and even death. Seniors and young children are the most vulnerable, but falls can significantly affect someone at any age. With an aging demographic in Ontario, these kinds of falls can result in serious hip injuries, broken bones and a loss of mobility and costs the health care system significant money. According to a new report by the Canadian Institute for Health Information (CIHI) unintentional falls...

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Ontario Set To Expand The Scope Of Distracted Driving Offences

distracted driving

Effective January 1, 2019, local enforcement officers will have greater powers to crack down on any behavior that can be characterized as distracted driving. The list will be expanded to include behavior that goes beyond the usual “driving while using a hand-held device” infractions that are common now and have been for some years. So what else can constitute distracted driving? As per the Ontario government’s website, anything that causes a driver to be less focused on the road constitutes distracted driving. This will be a discretionary call to be made by enforcement officers, but distracted driving can include eating or...

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The Truth About Fraud Allegations In Personal Injury Claims

The Truth About Fraud Allegations In Personal Injury Claims

With a provincial election ramping up in Ontario, a campaign issue that seems to percolate to the surface every election year is high auto insurance premiums. As you may recall the current Ontario government had previously promised a rate reduction in premiums of up to 15% - this reduction never materialized. Instead what Ontarians received was a drastic reduction in the benefits they get for their premiums. Now Ontarians actually have to pay more, not less, to get the same coverages they used to get before. Insurer's will have the public believe that the high premiums are because of fraud....

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Predicting Jury Outcomes In A Trial

Predicting Jury Outcomes

We’ve all seen famous television shows like Suits, Law and Order or The Good Wife where on occasion an episode showcases an entire field of study dedicated to reading the jury. In some States of the United States, members of the public who serve on a jury are not prohibited from discussing the case with the media or in public after the fact. Often jury members will go on a media tour or be interviewed extensively by the media or by field experts to get insight on what went on in the jury room during deliberations. In some U.S. jurisdictions,...

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