Legal Blog
Social Assistance and ODSP recipients
Wednesday, February 20, 2008
Accidents happen to everyone. However, if you were receiving social assistance or disability payments you must be aware of some important factors.
Generally, the government of Ontario has a right to "claw back" any money a person received from a legal settlement for a wrongful act. This can come into effect if you were receiving payments before or after the accident.
As a recipient you are obliged to notify the government about any possible monies you might receive from a legal settlement for a wrongful act. Typically, the government will require one to sign an assignment which basically gives the government the right to take their portion of monies paid to you from your settlement. Failure to execute the assignment can result in a suspension of payments to the recipients.
Thankful ...
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A great day for injured Albertans
Tuesday, February 19, 2008
A court in Alberta has found the general cap on minor pain and suffering damages being $4000 unconstitutional as it violates section 15(1) of the Canadian Charter of Rights and Freedom.
This is a very significant win for Plaintiff lawyers and their clients in Alberta. The $4000 cap has been the focus of much debate.
The government of course is appealing the decision. If the government is unsuccessful in their appeal Alberta will have to revamp their entire structure with respect to the damages cap.
For additional information click here.
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Insurance Scam in Toronto
Tuesday, February 12, 2008
The Toronto Star reported yesterday, Car crashes staged for insurance scam Toronto Police have arrested 14 people related to $650,000 in accident claims. It has been alleged that wrecked vehicles were purchased, repaired and insured for far more than the vehicles were worth and then placed in staged accidents. In total, the Toronto Star reported that 7 accidents were staged.
Among some of the groups arrested and still under investigation are auto-dealers, auto-body shops and tow truck drivers. Some individuals made claims to the insurance company and were never even involved in the accident.
This is very unfortunate and the repercussions of fraudulent activities such as this hurt everyone not just the insurance company. This type of fraud has the ...
Dangerous Baby Bottles
Monday, February 11, 2008
Last week CityNews announced that popular baby bottles were found to leach toxic chemicals. To learn more click here ...
No PJI for Loss of Competitive Advantage
Monday, February 11, 2008
The Court of Appeal in Cerilli v. The City of Ottawa accepted the Defendant/Appellants view on appeal that pre-judgment interest would not apply to loss of competitive advantage.
The C.A., made reference to section 128(4) of the Courts of Justice Act that deals with pecuniary losses that occur after the date of the Order. The court stated, "the award for loss of competitive advantage looked entirely to the future." As a result, the award of $19,500 was set aside.
Click here for the entire decision
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It wasn’t my fault
Thursday, February 07, 2008
Traditionally, the common law has not been sympathetic to solicitors who miss a limitation period for starting a legal action. While the discoverability principle developed by the courts provides some relief it is largely discretionary and the law is still not crystal clear. Moreover, to proceed with a claim by relying on the discoverability principle has the potential to have dire consequences later.
Thankfully, the case of Joseph v. Paramount Canada’s Wonderland provides some additional assistance to Plaintiff's counsel.
In Joseph v. Paramount the Plaintiff was injured in an accident in September 2004. Within weeks, the Defendant was notified of the Plaintiff’s intention to advance a claim for damages. The Defendant obtained a written statement from the Plaintiff and was provided wi ...