If a dog bites you, you may bring a civil action against the dog’s owner for damages.  The Dog Owners’ Liability Act (DOLA) states that the owner of a dog is liable for damages resulting from a bite or attack and that liability does not depend on the owner’s fault, negligence or knowledge of the propensity of the dog to bite or attack.

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Greg Neinstein chairs another charity event! On June 14, 2012, rehabilitation professionals, caregivers, family & friends and legal professionals will join together to raise awareness of brain injury by participating in the 8th Annual Mix & Mingle for Brain Injury.

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Anyone who has been injured or involved in a motor vehicle accident and has a claim for accident benefits, or disability benefits should be aware that their private lives will be assessed during litigation. It’s important to know that Facebook accounts may be used as a method for surveillance. In two recent decisions, the court has confirmed that preservation and production of Facebook accounts will be required during litigation.

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The winter of 2012 has resulted in less snow, less ice, less potholes, less cell phone use and texting by drivers, less property damage to automobiles, and less bodily injury claims from motor vehicle accidents and slip and falls.

The Toronto Police Traffic Services reports that from November 2011 through February 2012 there were almost 5000 less motor vehicle collisions than the same period one year before. York region data shows a 21% decrease.

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No parent ever wants to hear from their child, “I got in a car accident, someone was hurt, and it was my fault…and the police charged me with careless driving”.

In the same token, no parent ever wants to be sued by an injured person for their child’s negligence regardless if the child has his/her own vehicle and insurance. In a recent decision, Atilho v. Malaviya, 2010 CarswellOnt 11050, the Ontario Superior Court affirmed that negligent supervision of a child is a distinct tort from the negligent driving of the child and as the Plaintiffs’ case against the parents had some merit, the parents’ home insurer had a duty to defend them.

Don’t know where your child is with his/her car? It might be a good time to find out.

On November 23, 2011, in Hotchkiss v. Kingsway General Insurance, Arbitrator Wilson ordered payment of Interim Statutory Accident Benefits following the insurer’s request for an adjournment of the Arbitration Hearing so that it could appoint new counsel.  Mr. Hotchkiss was represented by Greg Neinstein and Sonia Leith of Neinstein & Associates.

In this case, Kingsway had appointed counsel to defend the Arbitration proceeding who had a clear conflict of interest: the lawyer for Kingsway worked at the same firm as the lawyer who was representing Mr. Hotchkiss in the related matter.  Although Kingsway was aware of the conflict, they took no steps to rectify the problem before the hearing.  After first ordering that the Insurer must appoint new counsel because of this conflict, Arbitrator Wilson ordered immediate and ongoing payment of Non-Earner Benefits and Attendant Care Benefits as well as the expenses for the adjournment on the grounds that the insurer’s conduct constituted a blatant disregard of the SABS.

This case helps protect the rights of the insured so that they will not be prejudiced with an unjustified delay in their hearing by the Insurer.

The decision is available on the FSCO website.  

www.fsco.gov.on.ca

Bradon Lamoureux, 23, was enjoying summer weather, swimming with friends in the Lake-of Bays area. Like many people do, he decided to dive into the water. What he did not realize at the time was that the water he was diving into was less then a meter deep. Bradon hit his chin, tragically severing his spinal chord and damaging his vertebrae.

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A study conducted at Duke University by the director of their medical center’s neurosciences critical care unit has concluded that a person who has been in a motor vehicle accident, or taken a fall, and receives a blow to the head that at first seems minor and does not result in immediate pain or other symptoms …….. may , in fact, have received a life – threatening brain injury.

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On May 12, 2011, Bill 173, otherwise known as the Better Tomorrow for Ontario Act was brought into effect. Although most Canadians paid this Bill very little attention, changes to the Insurance Act found within Schedule 21 of the Bill sent ripples through the insurance industry.

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78% of STD claims and 67% of LTD claims in Canada are related to mental health issues.

Neinstein & Associates, independently of recent published articles, has experienced in many of our own files that this is the case. Perhaps some of our personal injury clients had some pre-existing issues prior to their motor vehicle accident. Perhaps some of our personal injury clients acquired, due to head injury, or the stress of pain and suffering, inability to work, loss of interpersonal relationships, psychological and mental issues as a result of their accident, slip and fall, or other traumatic personal injury.

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