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Pedestrian

General Damages: We Know When They Will Be Reduced by Collateral Benefits; We Just Don’t Know Why

By Michael Kealy

Mar4

The Ontario Legislature works in weird and mysterious ways, sometimes. When it is not prorogued or debating setting inquiries into the cancellation of power plants, the Legislature will sometimes issue laws which seem, well, contradictory. Take the deduction of collateral benefits in car accident cases.

Posted in Auto Insurance, Automobile Accidents, Motor Vehicle | Tagged Accident, Catastrophic Injury, Damages, Insurance Act, Non-Pecuniary Damages, Pedestrian, Unidentified/Uninsured Automobile Coverage

A Woman Walks Into a Bar…

By Bronwyn Martin

Aug2

A woman walks into a pole that is resting in the back of a parked truck, hits her head and suffers an injury. The Ontario Court of Appeal finds that she was struck by a car. These are essentially the facts in Lewis v. Economical Insurance Group, 2010 ONCA 528, in which Justice Laskin held, [...]

Posted in Insurance Coverage, Personal Injury | Tagged Pedestrian, S. 265 (2)(c) Ontario Insurance Act, Struck by Automobile, Unidentified/Uninsured Automobile Coverage

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