Category: Law Blogs

Giving the Finger to the ‘Rule of Thumb’

Giving the Finger to the ‘Rule of Thumb’

Author: Christopher Fleury In Ontario, an employee does not have the right to employment. This means that an employer may dismiss an employee without legal cause, so long as the dismissal is not for a reason which violates provincial or federal human rights legislation. Fortunately, when an employee is dismissed without cause, the employee is entitled to reasonable notice of the dismissal, or pay in lieu of such notice (commonly termed severance). The calculation of a reasonable notice period is

Long-term Disability (LTD) Insurance: The Danger of Delay

Long-term Disability (LTD) Insurance: The Danger of Delay

Author: Kris Bonn Many people in Ontario are covered by long-term disability insurance benefits. We buy long-term disability benefits insurance to protect us and our families if we become disabled through an accident, car collision or other serious health condition. Typically, if you qualify for the long-term disability benefit, the disability insurer will pay you a monthly benefit that is usually between 60 to 70% of you monthly earnings. The amount is specified in the contract of insurance or the

Damages in Personal Injury Actions

Damages in Personal Injury Actions

Author: Ryan Alkenbrack In my previous blog, I discussed tort law and two new categories of torts that the courts in Ontario recently recognized (internet harassment & family violence). In this blog, I will focus on damages in personal injury actions. As a quick reminder, tort law, in general, involves an act or omission that causes injury or harm to another person. For a plaintiff to be successful in their tort action against a defendant, they must prove two main components

What You Need To Know If You Were Hit By An Uninsured Vehicle Or By An Unknown Driver

What You Need To Know If You Were Hit By An Uninsured Vehicle Or By An Unknown Driver

Author: Fatema Tokhy Although rare, given that driving without insurance is illegal in Canada, its infrequency should not lessen its importance. Please note that the rules governing auto insurance are complex and beyond the scope of this blog. I was hit by an uninsured/unidentified driver, but I have insurance. Now what? Generally speaking, you would apply to accident benefits through your own insurance company1 and commence a lawsuit against the at-fault driver for damages. However if the at-fault driver cannot be

What To Do When You Believe You Are a Victim of Medical Malpractice

What To Do When You Believe You Are a Victim of Medical Malpractice

Author: Kris Bonn There is no question that the Canadian healthcare system provides excellent medical care to most people. However, according to the Canadian Patient Safety Institute, in our Canadian healthcare system there is a death from preventable patient harm every 13 minutes and 14 seconds. One out of 18 hospital visits result in preventable harm. These incidents generate an additional $2.75 billion in healthcare treatment costs very year.[1] In Canada, patients who are harmed in hospitals and/or medical care

New Torts Recognized by the Ontario Courts

New Torts Recognized by the Ontario Courts

Author: Ryan Alkenbrack “Tort Law” is a broad category of law that includes the majority of civil lawsuits in Ontario. Types of cases that fall into this category include intentional torts such as assault, battery, or false imprisonment, and negligence-based torts, such as personal injury that results unintentionally in a motor vehicle collision, a slip and fall on an icy sidewalk, or a dog attack. This area of law is concerned with compensating victims of wrongdoing and is distinct from

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