Tag: Personal Injury

Be Prepared for In-Person Medical Examinations – Personal Injury: Mierzejewski v Brook, 2021 ONSC 2295

During the COVID-19 pandemic, many in the legal profession began transitioning their practice online with the widespread use of Zoom for hearings, trials, examinations for discovery, etc. However, the courts may require plaintiffs to attend in-person medical examinations in personal injury cases despite public health concerns.

In Mierzejewski, the defendant brought a motion seeking an order compelling the plaintiff to attend a neuropsychology defence medical examination and a physiatry defence medical examination, both of which would be conducted in person. The plaintiff did not agree to attend a neuropsychological examination on the basis that she did not place any brain injury or head trauma at issue. While the plaintiff agreed to the physiatry examination, the main issue was the form that the examination will take. The plaintiff argued against attending an in-person medical examination, citing the ongoing COVID-19 pandemic and her compromised health situation which included a heart attack and subsequent heart surgery in 2016, breast cancer in 2017, and a lumpectomy in 2018. The plaintiff does not leave her home unless necessary.

The Ontario Superior Court was asked to consider whether the plaintiff must attend the neuropsychological medical examination and if so, whether the plaintiff must attend both medical examinations in person.

Physiatry Examination

The plaintiff argued that her numerous health conditions placed her in the high end risk category to contract COVID-19 and suffer serious health consequences. One of the plaintiff’s doctors advised that physiatry examinations could not be completed virtually and it would be irresponsible for the plaintiff to attend an in-person medical examination given the plaintiff’s numerous health concerns. He cited public health recommendations to those with chronic conditions to limit physical contact with others outside of their residence.

The Court noted that since the trial was scheduled for June 2021, the examination could not be postponed until the pandemic improved. Citing Severin v Barker, 2020 ONSC 7784, the Court stated that a plaintiff who is required to attend an in-person defence medical assessment during the pandemic does not pose undue hardship on the plaintiff where the examination is to be conducted with COVID-19 safety protocols in place. The plaintiff had attended numerous necessary medical and legal appointments in person during the pandemic. The Court further noted that the medical assessment centre had extensive COVID-19 protocols in place including COVID-19 screenings, temperature checks, socially distanced waiting rooms, and the use of PPE. Given the presence of extensive COVID-19 safety protocols at the assessment centre, the Court ordered that the plaintiff must attend the physiatry examination in person.

Neuropsychological Examination

The plaintiff submitted that a neuropsychological examination would not be relevant as she did not put her neurocognitive state at issue on the basis that she did not complain of any head injuries, neurocognitive problems, post concussion symptoms, or psychological problems.

The Court referenced the plaintiff’s statement of claim which stated that the plaintiff suffered serious and permanent impairment of important mental and psychological functions, including but not limited to headaches, dizziness, depression, and memory difficulties. The Court also noted several medical reports from the plaintiff’s doctors which indicated that the plaintiff suffered from psychological problems, pain disorder with psychological factors, and chronic pain as a result of the accident. In assessing the plaintiff’s pleadings, the Court concluded that the plaintiff had put her cognitive state in issue and ordered a neuropsychological examination. Citing Severin and the neuropsychologist’s statement that he could not conduct a virtual neuropsychological assessment, the Court ordered the plaintiff to attend an in-person neuropsychological examination.

Conclusion

The Ontario Superior Court’s decision is concerning given the significant health and safety concerns for at-risk individuals during the COVID-19 pandemic. Studies from the Guidelines for Best Practices in Psychological Remote Assessments from the OPA/CAPDA indicate that remote psychometric testing is just as effective as in-person testing. The reports also note that psychological services and assessments can be conducted effectively through online platforms with some modifications or alternatives for fully remote procedures. Plaintiffs should consider alternative assessment models when faced with an insistence that the plaintiff attends an in-person examination during the COVID-19 pandemic.

If you have a specific question related to your personal injury matter contact Marc G. Spivak, managing partner of the personal injury group at marc.spivak@devrylaw.ca or 416-446-5855.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

By Fauzan SiddiquiBlog, COVID-19, Personal InjuryMay 19, 2021May 19, 2021

Why Everyone Should Have a Continuing Power of Attorney for Property: A Personal Injury Context

While the mental incapacity of a plaintiff in the formal personal injury/disbility litigation is adressed via litigation guardian, the need for a guardian may be pressing and independent from any litigation. Having a Continuing Power of Attorney for Property in place is a recommended way to ensure that your property is seamlessly and immediately looked after by your chosen attorney in case of your incapacity, which helps prevent potential losses and financial hardships, while only requiring a small upfront expense.

What is the Power of Attorney?

The term “Power of Attorney” refers to the legal document by which a “grantor” grants decision-making power to another person (the “attorney”). There are two main types of Power of Attorney in Ontario:

1. A Power of Attorney for Personal Care, which appoints an attorney to make personal care decisions for a person who is unable to do so; and

2. A Power of Attorney for Property, which authorizes an attorney to make property- related decisions.

Powers of Attorney for Property are further subdivided into two types:

a. A Non-Continuing Power of Attorney for Property, which allows the attorney to make certain decisions in the grantor’s absence. This would be used if, for example, the grantor is out of the country for an extended period of time, or for the period of inconvenience such as temporary immobility caused by injuries or illnesses; and

b. A Continuing Power of Attorney for Property, which allows the attorney to make decisions pertaining to the grantor’s property and financial matters if the grantor becomes mentally incapacitated. An attorney under a Continuing Power of Attorney for Property can do anything on your behalf other than to make your last will, with the scope and onset of the attorney’s powers solely left up to the grantor’s discretion if chosen so.

Who can be a Grantor?

Section 8 of the Substitute Decisions Act (Ontario), SO 1992, c30, (SDA) provides that:

8 (1) A person is capable of giving a continuing power of attorney if he or she,

(a) knows what kind of property he or she has and its approximate value;

(b) is aware of obligations owed to his or her dependants;

(c) knows that the attorney will be able to do on the person’s behalf anything in respect of property that the person could do if capable, except make a will, subject to the conditions and restrictions set out in the power of attorney;

(d) knows that the attorney must account for his or her dealings with the person’s property;

(e) knows that he or she may, if capable, revoke the continuing power of attorney;

(f) appreciates that unless the attorney manages the property prudently its value may decline; and

(g) appreciates the possibility that the attorney could misuse the authority given to him or her.

(2) A person is capable of revoking a continuing power of attorney if he or she is capable of giving one.

Notably, s. 9 (1) SDA provides that a person may be incapable of managing the person’s own property and yet be capable of giving a Continuing Power of Attorney. As such, Ontario jurisprudence provides for an additional capacity test, and S. 8 may not be typically considered as an absolute necessary one.

Plaintiff’s Personal Injury & Disability Outside of Litigation

Situations that result in personal injury or disability may lead to litigation. The litigation guardian for a mentally incapable plaintiff may commence or continue action on behalf of the plaintiff without the court appointment, subject to filing an affidavit with the court.

However, the plaintiff’s litigation guardian has no powers outside of litigation and cannot look after the plaintiff’s other property affairs, which could be possibly much more significant and pressing than the litigation per se.

For any property matter unrelated to the subject litigation, and absent a Continuing Power of Attorney for Property, the guardian must be appointed for the plaintiff, either by the court, or through the Public Guardian and Trustee, which is the ultimate statutory guardian. This means that the proceeding must be commenced, and either procedure may be protracted and costly due to needs for legal representation and costs for the expert’s evidence by duly qualified assessors and medical experts.

On top of these expenses, a delay of guardianship for property may negatively affect the plaintiff’s assets. For example, it might prevent acquisitions, liquidations, financing or significantly delay proper execution and pursuit of insurance coverage or applications for disability benefits.

The aforementioned issues may leave the plaintiff and his/her dependents in a difficult and undesirable financial position especially during a challenging time of injury or illness where they are experiencing a loss of income or wages. What could have been accomplished with the modest expense of having a Continuing Power of Attorney for Property properly prepared in advance, a sudden and last minute need for one turns into unnecessary legal expenses, delay in the payment of insurance coverage or disability benefits, and financial losses for the plaintiff.

Establishing a Continuing Power of Attorney for Property

The grantor should choose a trusted person, who is aware of the grantor’s property intentions, to act as the grantor’s attorney. There are certain formal legal requirements for drafting and witnessing a Continuing Power of Attorney for Property which must be met in order for the documents to be valid.

The Ministry of the Attorney General has very detailed information, including a kit here regarding how to have a Continuing Power of Attorney for Property properly executed and prepared.

Notwithstanding its apparent simplicity, the Continuing Power of Attorney for Property may require legal advice before its execution as it may have far reaching consequences on the grantor’s property. For example, the grantor may need advice regarding its onset, safe keeping, use, and potential multiplicity of attorneys, related decision making rules and/or attorney’s substitution(s), to name a few. If the grantor’s personal and family milieu is contentious, the legal advice is recommended.

If the Continuing Power of Attorney for Property is being prepared after the injury or onset of disability which brings the grantor’s capacity in question, then legal advice is highly recommended. The capacity to grant the Power of Attorney is a legal test, and as the fluctuating capacity is endorsed by the courts, legal assessment and opinion would be a must to make the Attorney properly and soundly established, and ultimately operational and valid if later challenged for any reason.

If you have any questions about Powers of Attorney, please contact Dejan Ristic, a lawyer at Devry Smith Frank LLP at 416-446-5812, or at dejan.ristic@devrylaw.ca. Home and hospital visits, and video conferencing are available as necessary.

By Fauzan SiddiquiBlog, Personal InjuryJanuary 20, 2021February 5, 2021

What to Expect from your Personal Injury Case during COVID-19

This pandemic has affected every aspect of our daily lives in profound ways. However, our firm is still operating as usual albeit remotely, as legal services were deemed an essential service by the province. From a procedural standpoint, there have been a number of changes due to the closure of courts.

Suspension of Limitation Periods

Under the Emergency Management and Civil Protection Act, limitation periods have been suspended retroactive to March 16, 2020, along with procedural deadlines in the Rules of Civil Procedure, although the Superior Court of Justice’s Consolidated Notice has encouraged all litigants to continue to move their matter along and comply with the Rules as much as possible through virtual means. Though claims can still be issued electronically, this suspension will significantly delay proceedings as courts will not be hearing the majority of non-urgent matters until further notice.

Medical Examinations

There may be significant delays in obtaining medical records or to schedule examinations. Ontario announced that on May 27, 2020, a number of health care providers including dentists, optometrists, massage therapists, chiropractors, physiotherapists, psychologists etc. can return to work once health and safety guidelines are met. However, this does not mean that these providers can begin seeing their patients right away. Premier Doug Ford noted that “health regulatory colleges are now in the process of developing guidance to ensure high-quality and safe clinical care that must be met before services can resume.”

Examinations for Discovery and Mediation

Examinations for Discovery and/or mediations may be cancelled, postponed or conducted virtually using video-conferencing software. Though these are less than ideal conditions, if all parties consent to using video-conferencing this could bring about speedier outcomes for a case than waiting for these steps to resume in-person. However, additional precautionary measures should be taken regarding privacy concerns and ensuring high-quality video and audio.

Delays in Scheduling Motions and Trials

Currently, Ontario Superior Court is not hearing any in-person court matters until July 6, 2020, at the earliest, although they have a list of matters that can be heard virtually which they plan to continue to expand. Civil jury selection or jury trials will also not re-commence at the earliest until September 2020. This can leave the most contentious cases at a standstill until a trial can be scheduled. Considering how long civil proceedings can remain in the legal system, this will delay matters even further.

The above information is general in nature and if you have a specific question related to your personal injury matter contact Marc G. Spivak, managing partner of the personal injury group at marc.spivak@devrylaw.ca or 416-446-5855.

By Fauzan SiddiquiBlog, COVID-19, Personal InjuryJune 22, 2020September 29, 2020

An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases

To the Honorable Doug Downey Attorney General of Ontario

I am a personal injury lawyer and have been for 28 years. The first 9 years of my practice I acted for insurance companies on the defence of insurance matters. I can tell you firsthand the almost complete unfairness of the archaic jury system that we have. A system that not only creates a complete advantage for insurance companies, but it also puts every injured victim in the unfair position of essentially overcoming an inherent misunderstanding of jurors why they are being forced in a courtroom leaving their jobs and family without pay for often 2-8 weeks. A system that prevents lawyers from educating the jurors about the involvement of an insurer; of the real discounted losses that the victim is faced with in car accident cases; and of the costs to the victim of being forced to prove a claim dragged on by insurers for sometimes 5-6 years.

Every insurer files a jury notice in almost every personal injury matter for a reason. It is negligent for a lawyer or an insurer not to deliver a jury notice. There is no reason for our government to provide insurers with an unfair advantage that has resulted over the last 10 years in massive delay in being able to get to a civil trial. To have to wait 2-3 years to get to a 15-20 day trial date that may or may not go ahead as scheduled is barbaric for victims.

Trial by judge alone is at least 50-60% faster and more efficient. Given the COVID risks, it is impossible for the foreseeable future to force our citizens to face the real health risks of sitting on a jury. It would be completely unfair in the circumstances to further delay the civil trial list by keeping juries as part of our civil trial system on personal injury matters (with the possible exception of med mal and sex assault cases). In temporarily removing juries we can free up limited judicial resources and get rid of the delay in getting to a civil trial (which would speed up the ability to get criminal cases dealt with in a timely manner), all at less cost to taxpayers.

My suggestion is to temporarily suspend juries in the civil system (with the exception of med mal and sex assault cases) and make our justice system run more smoothly at less cost. I look forward to your decision.

By Fauzan SiddiquiBlog, COVID-19, Personal InjuryJune 12, 2020September 29, 2020

Supreme Court of Canada Shuts Down Insurer

Leave to appeal from the Court of Appeal’s decision in Tomec v Economical Mutual Insurance Company In 2019 ONCA 882 was recently denied by our highest court. This finally shuts down years of refusals by Economical trying to prevent another car accident victim from receiving benefits that ought to have been paid.

Ms. Tomec’s 2008 car accident tragically changed her life forever. Economical refused to pay attendant care and housekeeping benefits which became much more important as her condition worsened. Years later having proven catastrophic designation, Economical refused to pay attendant care and housekeeping benefits. Ms. Tomec had to appeal to the Licencing Appeal Tribunal that refused the benefits. This decision was appealed to the Divisional Court which refused to overturn the decision of the LAT. A third appeal to the Court of Appeal was finally successful and Economical was ordered to pay Ms. Tomec. Despite this, Economical attempted to appeal from the Court of Appeal and avoid its obligations. Fortunately, the Supreme Court has now shut down Economical.

Victims of car accidents with serious injuries need to be aware of their rights and always need an experienced personal injury lawyer to protect their interests!

By Fauzan SiddiquiBlog, Personal InjuryJune 5, 2020September 29, 2020

What Effect Will My Social Media Presence Have on My Personal Injury Claim?

A large percentage of the world’s population now uses social media – whether we are sharing, tweeting or simply just spectating, this fast-growing phenomenon is becoming increasingly popular and in some cases has proven to dominate the way in which people communicate. With that being said, social media is now being used by more insurance defence lawyers with the intention of challenging personal injury claims. Photos, videos and commentary taken from social media accounts such as Facebook or Instagram, have the potential to damage a claimant’s case. Being aware of those risks and taking appropriate measures may help protect one’s credibility in a claim.

In Ontario, compensation can be sought for personal injuries caused by the assault or negligent actions of others. A personal injury claim may be crucial for obtaining compensation for things such as pain and suffering, loss of income and any out of pocket expenses for medical, self-care and assistance. Many of these cases however, often revolve around credibility. From the first notice of a potential claim, insurance companies search for information about the claimant. Typically, social media is the initial stop for the insurers and can be used to the detriment of the claimant. Additionally, an insurer will often conduct a search to gain insight into any claims the claimant may have pursued in the past.

The first suggestion a personal injury lawyer may tell you is to be conscientious of the information you share on the internet. That information may appear years later and could be used in ways you would have not necessarily thought of at the time. In fact, it would be safe to assume that whatever you share can be looked at by your employer; your employer’s clients; a banker looking to determine whether a loan to you is appropriate; and of course an insurer looking to assess the validity of a claim of a person advancing a personal injury lawsuit.

Avoiding social media altogether is the best way to avoid the possibility of information being used against you. If that is not possible, follow the tips below:

1. Wait until the conclusion of the claim before using social media.

2. If you must continue using social media, always have second thoughts about the content of your post: skydiving on vacation is probably not the best activity to demonstrate limitations and disability!

3. Ensure your social media pages are set to private and you only accept friend requests from people you know. With that being said, even with higher security settings, social media can still be accessible. Furthermore, there is case law in Ontario that suggests that private information meant for your family and friends is producible in a claim by court order. A master or judge may order production of your photos or comments and check-ins if the content is considered inconsistent with the claims advanced.

Social media is free surveillance that insurers are quick to capitalize on. Imagine a photo of a claimant raising a glass of alcohol in a toast at a party or concert despite the pain of a torn shoulder; or leaning in the hood of a car that is being repaired by a girlfriend (but it sure looks like the claimant is repairing his car); or a week before a trial a claimant’s fiancé posts a photo on an open Facebook account of her fiancé being pulled behind a boat on a parasail! These are actual situations that are taken out of context by insurers but can seriously damage a case.

Before making a personal injury claim, talk to a lawyer.

At Devry Smith Frank LLP, we understand personal injury law and endeavour to always ensure our clients receive the full compensation they deserve and are informed on how to maximize the chances of their case succeeding. To learn how we can help you, or to schedule a FREE consultation, contact experienced personal injury lawyer, Marc Spivak at marc.spivak@devrylaw.ca or 416-446-5855.

By Fauzan SiddiquiBlog, Personal InjuryFebruary 21, 2020July 5, 2023

My Uber was involved in a collision and I was injured – Can I be compensated for my injuries?

In recent years, ride-hailing services have become increasingly popular and the demand appears to continue to rise. In densely populated cities such as Toronto and in the GTA in general, owning a car can be prohibitively expensive, making the ride-sharing concept a great convenience. Toronto’s licensing department has issued almost 70,000 private transportation company licenses to drivers for ride-hailing companies such as Uber. With such congestion, it is almost inevitable that you or a loved one may be involved in a collision or accident with an Uber car at some point. Should this happen, legal issues often arise and contacting an experienced personal injury lawyer will help improve your odds of getting the treatment and compensation you deserve.

Can I Claim Compensation from Uber Directly, After a Crash?

The difference between calling a conventional taxi and an Uber, is that an Uber driver uses their personal vehicle to pick you up, as opposed to a taxi service which uses commercial vehicles for the sole purpose of carrying passengers. Essentially, Uber drivers are considered independent contractors. That being said, insurance claims involving an Uber vehicle are typically treated in the same way as other car accident claims.

Any driver has the legal obligation in an accident is to remain at the scene of the accident, and where the property damages are more than trivial or someone is injured, to call the police and any emergency medical services, in instanced where required. As an Uber passenger, there is little legal obligation on you in an accident. If you witnessed the accident, you may give your name and number to the people involved in the accident and speak to the police if they are called to the scene. If you are injured, you should be taking steps to help yourself right away. Seeking medical help for your injuries and contacting a personal injury lawyer will help protect the integrity of your claim and ensure your claim is successful.

In the midst of the chaos surrounding the aftermath of an accident, it is difficult to keep information straight. If you have a cell phone and can physically and safely move around, take video footage of the scene of the accident. Include the licence plates of the cars involved, the positioning of the cars, the damages to the vehicles and the street signs or addresses. You can describe what you see. Keep in mind that other people may end up seeing this video so keep it as accurate as possible. Your recollection of how the accident occurred may also be described. If you can’t record a video, take photos of the accident scene including the cars and make notes as soon as possible. Take photos of the Uber driver’s licence and insurance pink slip and licence plate. Take the same photos of the licences and insurance of all of the other vehicles involved.

If you don’t have a camera phone, write down all the details you can get: the driver’s licence numbers from all drivers involved: the licence plates of the Uber and other car(s) involved; the name and policy number from each of the drivers; and the contact details for any witnesses to the incident. In the event that you do not have your own car insurance, you may claim benefits from the insurer of the Uber vehicle. These benefits may include your medical and rehabilitation treatment, possible attendant care assistance and weekly income replacement benefits.

In July 2016, the Ontario government approved a regulatory change under the Insurance Act to allow commercial fleet insurance to be offered to vehicles that can be hired through an online application. For Uber drivers with appropriate ride sharing insurance, the insurance policy applies from the moment the driver logs into the ride sharing app and is available to accept passengers, until the last passenger exits the vehicle and the app is closed. At all other times, the driver’s personal insurance policy may respond, usually with a denial as most personal auto policies have specific exclusions for ride sharing use. There are presently only two auto insurers offering ride sharing insurance. Unfortunately, not all Uber drivers have the appropriate insurance.

While is it almost impossible to know the exact outcome of a claim, an experienced personal injury lawyer will always be able to guide you through this difficult and often confusing time.

If you or a loved one have been injured in an accident involving a ride hailing service such as Uber, contact experienced Toronto, Whitby and Barrie based personal injury lawyer Marc Spivak of Devry Smith Frank LLP at marc.spivak@devrylaw.ca or 416-446-5855.

A consultation is free with no obligations.

By Fauzan SiddiquiBlog, Personal InjuryMay 31, 2019July 5, 2023

I Fell at My Local Supermarket. Can I be Compensated?

The vast majority of us are familiar with the term ‘personal injury’, a phrase usually associated with a claim based on the negligence or misconduct of a person or organisation, which has caused injury to another person (the claimant). The injury can be physical, emotional and psychological and compensation may be recovered for economic and non-economic losses. For instance any expenses related to lost wages, medical bills, housekeeping and personal care expenses, compensation for pain and suffering and a reduced quality of life are just some of the claims one may recover.

Sometimes we encounter the unthinkable and as a result of an accident, injuries can occur that have a lifelong impact. A personal injury could be the result of a car accident, premises liability (slip and fall), manufacturers’ liability, and medical malpractice – just to name a few. In the case of a slip and fall, an occupiers’ liability claim is normally advanced against a property owner or occupier who was negligent in preventing an injury from happening on their property.

Ontario’s Occupiers’ Liability Act serves as the foundation for claims within the province and also requires occupiers to make provisions for informing the general public of any foreseen dangers.

The Right to Sue for Personal-Injury Claims in Ontario

Provincial laws hold owners and occupiers to a standard of reasonable care to maintain their: – Driveways; – Sidewalks/walkways; – Stairs; and – Private parking lots.

The most common hazards one might find in these areas are unploughed snow, inadequately signed mopped or waxed floors and stairways with missing handrails or broken steps. In any case, an occupier is legally obliged to take reasonable steps in learning of these potential hazards and provide a suitable remedy.

Depending on the circumstances personal injury claims can be categorised in various ways and are often overwhelming. At Devry Smith Frank LLP, we understand personal injury law and endeavour to always ensure our clients receive the full compensation they deserve. To learn how we can help you or schedule a FREE consultation, contact experienced personal injury lawyer, Marc Spivak at marc.spivak@devrylaw.ca or 416-446-5855

By Fauzan SiddiquiBlog, Personal InjuryApril 25, 2019June 14, 2020

Can I Claim Compensation from a Distracted Driver and How Will The New Distracted Driving Laws in Ontario Affect Road Users?

In a recent blog post, we discussed the legalities surrounding the operation of motor vehicles while impaired by alcohol or drugs, under the Criminal Code of Canada. Accompanying the fairly new Cannabis legislation, are further stringencies concerning Ontario drivers, which are expected to come into effect on January 1^st, 2019.

Any driver convicted of distracted driving will now be sanctioned with demerit points and have their driving licence suspended for up to a maximum of thirty days. However, the period given is determined by the number of times the culprit has been apprehended and convicted for the prohibited act.

Drivers who are caught conversing on their mobile phones, texting, dialling or emailing from any electronic handheld device can also be fined up to $3000 in addition to the suspension of their driving licence. – Evidently, the initiative is to encourage safer driving and to dissuade drivers from driving carelessly. However, while it will be interesting to observe whether the rollout of stricter laws that impose harsher penalties are successful, it would be advisable for drivers to put away their devices before they start their journey.

Does this mean that drivers aren’t getting the message?

Arguably, this could very well be the case. However, once implemented, Ontario will undoubtedly have the toughest penalties for drivers that repeatedly disobey road rules and find themselves convicted of distracted driving.

That said if you find yourself less worried about the prospect of having to pay a fine. Keep in mind that you may be subjected to what may seem an excessively increased car insurance premium also.

Moreover, distracted driving is more than just using your handheld devices while at the wheel of the car. For instance, according to the official Government of Ontario website, there are a number of activities that are deemed distracting driving, stating ‘when you aren’t focused on the roads, things happen fast’. Activities such as:

– Eating or smoking

– Reading (books, maps, newspapers)

– Playing extremely loud music

– Personal grooming

Just to name a few. Nevertheless, it is always important to stay abreast of driving laws within your province, as enhanced restrictions may actually be on the horizon and as one can imagine having a suspended licence can really interfere with everyday life.

Distracted driving accidents are often preventable. Drivers have a responsibility to drive responsibly and with others in mind. If you or a loved one has suffered an injury as a result of a distracted driver, contact experienced personal injury lawyer, Marc Spivak, of Devry Smith Frank LLP, directly at (416) 446-5855.

Lawyers will work diligently to secure the compensation you deserve.

By Fauzan SiddiquiBlog, Personal InjuryDecember 27, 2018June 15, 2020

I Have Been Assaulted, Can I Claim Compensation for Personal Injury Arising From This Assault?

In Canada, reasonable expectation of personal safety is enforced criminally and civilly and in a previous post we already described the implications associated with dishonest sexual assault accusations, defamation of character and the damages in which one might be able to claim should they become such a victim.
Perhaps slightly more complicated is understanding the differences between a criminal and civil case and how, particularly where a criminal prosecution is concerned, a personal injury claim can be affected. That said, it is important to also acknowledge that legal action taken as a result of an assault can be heard in both criminal court and a civil court.

An assault by definition occurs when the defendant has demonstrated some sort of intended threat that in turn has instilled an element of apprehension or fear in the would-be claimant. This explanation typically pertains to cases that would be considered to be of a criminal nature. Although the lines are often blurred, there are significant distinctions between assault and battery and it is not uncommon for an assault to be mistaken for the latter. One clear differentiation is that with an assault there is no requirement for any physical contact to have occurred and the claimant does not need to have suffered any physical injuries. Thus, a claimant who can prove that the defendant intended to commit the act that could be seen to reasonably cause apprehension on part of the claimant, may be successful in obtaining compensation in a civil assault injury case.

A personal injury lawsuit may be the most effective way for the victim to not only get reimbursement for possible medical bills and out of pocket expenses that may include reimbursement for housekeeping assistance and personal care, but also compensation for any pain and suffering experienced by the victim. This can be recovered from the person or persons who are legally liable for the incident that occurred. This can extend beyond those accused of committing the assault and can include employers, institutions such as schools and camps, governmental organizations, and in addition, parents.

The Ontario Limitations Act s.4 limits the time in which a claimant can bring a claim to two years from the day the claim is discovered. Typically, the civil case proceeds after any criminal proceedings are held but one has to be certain not to possibly lose the opportunity of bringing a civil claim by waiting too long to initiate the claim.

Civil proceedings are usually complex and require an experienced personal injury lawyer who can evaluate and advise you throughout the process. At Devry Smith Frank LLP we can navigate you or your loved ones through the seemingly overwhelming laws pertaining to personal injury. Although every case is different, we continuously strive to achieve the best possible results.

For more information on how we can assist, please e-mail me directly at Marc Spivak or call me at (416) 446-5855 and schedule a free consultation today.

By Fauzan SiddiquiBlog, Personal InjuryDecember 13, 2018June 15, 2020

LAWYER SEARCH

Tag: Personal Injury

Be Prepared for In-Person Medical Examinations – Personal Injury: Mierzejewski v Brook, 2021 ONSC 2295

Why Everyone Should Have a Continuing Power of Attorney for Property: A Personal Injury Context

What to Expect from your Personal Injury Case during COVID-19

An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases

Supreme Court of Canada Shuts Down Insurer

My Uber was involved in a collision and I was injured – Can I be compensated for my injuries?

I Fell at My Local Supermarket. Can I be Compensated?

Can I Claim Compensation from a Distracted Driver and How Will The New Distracted Driving Laws in Ontario Affect Road Users?

I Have Been Assaulted, Can I Claim Compensation for Personal Injury Arising From This Assault?

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