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Ontario Personal Injury Lawyer Blog


Who Is Responsible for an Injury Near Yonge North Subway Construction?
A crash that occurs near Yonge North Subway Extension construction could be caused entirely by a negligent driver. Metrolinx, York Region or a construction contractor might also be responsible if temporary lanes, barriers, pedestrian routes, equipment or construction work contributed to the injury. The presence of a construction zone does not establish liability on the part of a construction company. Investigations must identify the precise location, what caused the incident
14 minutes ago


Ontario’s 60-Day Slip and Fall Notice Rule: Snow, Ice and Municipal Deadlines
If you are injured because of snow or ice on private, residential or commercial property in Ontario, you generally have 60 days after the injury to give written notice of the claim to at least one occupier of the property or the winter-maintenance contractor. The notice must include the date, time and location of the fall and must be personally served or sent by registered mail. A different and much shorter deadline can apply if the claim involves a municipality. Municipal hi
24 hours ago


Do You Have to Report a Car Accident in Ontario? $5,000 Reporting Rule and Deadlines
In Ontario, a motor vehicle collision must generally be reported immediately to police if anyone is injured or if the apparent total property damage exceeds $5,000. The Highway Traffic Act also contains specific reporting requirements for certain dooring collisions and for damage to property on or bordering a highway. The $5,000 property-damage threshold increased from $2,000 on January 1, 2025. Reporting the collision to police is separate from reporting it to your automobil
1 day ago


Lane-Change Car Accidents in Ontario: Who Is at Fault?
The driver changing lanes will usually be responsible when they move into a lane already occupied by another vehicle. When Rule 10(4) of Ontario’s Fault Determination Rules applies, and no other provision of the Regulation changes the result, the changing driver is assigned 100% fault in the conventional insurance scenario involving vehicles travelling in adjacent lanes. Liability in a personal injury lawsuit is determined separately and can sometimes still be shared if the o
5 days ago


Left-Turn Car Accidents in Ontario: Who Is Usually at Fault?
The left-turning driver is usually the person at fault if they turn across the path of an oncoming vehicle in Ontario. Under Rule 12(5) of Ontario’s Fault Determination Rules, the left-turning vehicle is assigned 100% fault in the conventional scenario where it turns into the path of an oncoming vehicle, subject to other rules in the Regulation that may apply. Liability in a personal injury lawsuits are determined separately and liability can sometimes be shared if the throug
Sep 4


16th Avenue Accident Claims in Richmond Hill and Markham
16th Avenue is a major east-west York Region road which connects Richmond Hill and Markham. West of Yonge Street, the same Regional corridor is generally known as Carrville Road, so Richmond Hill collisions may be described as either 16th Avenue or Carrville Road accident claims. East of Yonge Street, 16th Avenue continues through residential, commercial and employment areas before crossing Highway 404 and travelling across Markham. The road is also currently entering a perio
Aug 4


What Happens After a Serious Highway 11 Crash Near Orillia?
Highway 11 is a familiar route for people travelling between Orillia, Oro-Medonte and Barrie. Traffic generally moves quickly, and sudden slowdowns, unsafe merging or a loss of visibility can lead to a serious crash before the drivers involved have time to react. The aftermath of a serious highway crash is often confusing. Someone may remember travelling south toward Barrie or passing a particular overpass without being able to identify precisely where the first impact occurr
Aug 3


Major Mackenzie Drive Accident Claims in Vaughan, Richmond Hill and Markham
Major Mackenzie Drive is one of York Region’s principal east-west roads. It crosses Vaughan, Richmond Hill and Markham and connects with Highway 427, Highway 400 and Highway 404. Those three freeway connections distinguish Major Mackenzie from most York Region roads. A collision which occurs near the northern end of Highway 427 could involve vehicles leaving a controlled-access highway and entering western Vaughan. Near Highway 400, freeway traffic mixes with vehicles travel
Aug 2


Davis Drive Car Accident Claims in Newmarket
Davis Drive is one of Newmarket’s main east-west roads. It connects the Yonge Street with downtown Newmarket, Newmarket GO Station, Southlake Health, employment areas near Leslie Street and the Highway 404 interchange. Foster Injury Law’s Newmarket personal injury lawyers represent people seriously injured in car accidents on Davis Drive and throughout Newmarket. The design of Davis Drive changes significantly across the town. The dedicated Viva rapidway runs from Yonge Stree
Jul 31


Highway 7 Car Accident Claims in Vaughan, Richmond Hill and Markham
Highway 7 is one of York Region’s principal east-west roads. It passes through Vaughan, and travels along the southern part of Richmond Hill and across Markham, connecting employment districts, transit hubs, shopping areas and major north-south routes. Highway 7 car accidents should be investigated based on the specific part of the corridor where the collision happens. A crash approaching Highway 400 in Vaughan may involve lane changes and traffic backing up from provincial r
Jul 30


Injured at Vaughan Mills? Parking Lot, Entrance and Store Injury Claims
What Should You Do After Being Injured at Vaughan Mills? After sustaining a serious injury at Vaughan Mills, report the incident before leaving (if able), take photos of the exact location, get witness names, keep receipts or parking records, preserve footwear and clothing, and get medical care as soon as possible. Our Vaughan personal injury lawyers help injured people preserve evidence, identify the right parties, and deal with serious injury claims arising from falls, park
Jul 29


Who Is at Fault in a Rear-End Car Accident in Ontario?
In most Ontario rear-end car accidents, the driver behind will be found fully responsible. A following driver is required leave enough space, maintain a proper lookout and keep the vehicle under sufficient control to stop safely if traffic ahead slows or stops. Once it is proven that one vehicle struck another from behind, the rear driver has the evidentiary burden of showing that the collision did not result from their negligence. Saying that the front vehicle stopped sudden
Jul 29


Do You Have to Attend an Independent Medical Examination for an LTD Claim in Ontario?
If your long-term disability insurer asks you to attend an independent medical examination, you should not ignore the request. Most LTD policies allow insurers to request reasonable medical examinations as part of the claim process. However, an IME can also be a signal that the insurance company is reassessing your entitlement, questioning your restrictions or building the evidence it may later use to deny or terminate benefits. If the insurer relies on the IME to cut off or
Jul 28


Late Expert Reports in Ontario Personal Injury Litigation: Rules 53.03 and 53.08
Ontario changed the rules governing late expert evidence on March 31, 2022. Before the amendment, Rule 53.08 stated that leave to introduce evidence affected by procedural non-compliance “shall” be granted on just terms, with an adjournment if necessary, unless admission would cause prejudice or undue trial delay. The former wording placed the emphasis on whether the consequences of late service could be cured. Ontario Regulation 18/22 replaced that approach. Under the amende
Jul 28


Vestibular Problems After a Brain Injury: Dizziness, Balance Issues and Vertigo
Yes. Dizziness, vertigo and balance problems can happen after sustaining a concussion or traumatic brain injury. These symptoms may arise from vestibular dysfunction, visual motion sensitivity, BPPV, neck injury, migraine features, brain injury effects or a combination of several problems after the accident. Vestibular symptoms can be deeply disruptive to a person's ability to function. A person may appear physically recovered but feel unsteady in a grocery store, dizzy whil
Jul 24


Participant Experts in Ontario Personal Injury Litigation: Rule 53.03 After Westerhof
Treating professionals have significant first hand evidence in personal injury actions. This evidence cannot easily be recreated by an expert retained years after an injury. A family doctor could have assessed the plaintiff within days of an accident. A psychologist may have observed the development of symptoms over several years. A physiotherapist or occupational therapist may have recorded changes in function that would not be apparent during a single medical-legal examinat
Jul 24


LTD Denied for Insufficient Medical Evidence in Ontario: What Evidence Helps?
If your LTD claim is denied for insufficient medical evidence, it does not mean your condition is not real or that you are able to work. It sometimes means the insurance company says the file does not clearly connect your diagnosis, symptoms, restrictions and functional limitations to the disability definition in the policy. The strongest evidence usually explains what you cannot do at work, and why you cannot do it consistently. However, sometimes a lawsuit is required for t
Jul 24


Which Insurance Company Pays After an Uber Accident in Ontario?
Quick Answer: For an Uber passenger, Ontario’s section 268 priority rules determine which insurance company pays accident benefits. For an injured Uber driver, the current ridesharing endorsement gives the commercial policy priority during covered rideshare activity. Lawsuits are handled separately through the liability insurance covering the driver who caused the collision. An Uber accident can involve the injured person’s own automobile insurer, a spouse’s or parent’s insur
Jul 24


Don Valley Parkway Accident Claims: Liability and Evidence After a Serious DVP Crash
Liability after a serious Don Valley Parkway accident can depend on where the collision happened, how traffic was moving and whether a lane change, merge, sudden slowdown or disabled vehicle set the sequence in motion. Police conclusions and fault decisions made by insurance companies are not conclusive. Dashcam footage, 911 records, witness accounts, vehicle data and precise interchange evidence may provide a more complete account. Foster Injury Law’s Toronto personal injury
Jul 24


What Toronto Police Records May Exist After a Serious Motorcycle Accident?
Quick Answer: A Toronto Police motorcycle collision file will usually include more than the basic collision report. Depending on the investigation, Toronto Police may also hold photographs, reconstruction notes, measurements, diagrams, video, a reconstruction report or crash-data retrieval material. These records are not created in every case and may need to be requested separately. Is the Collision Report the Entire Toronto Police File? No, the motor vehicle collision report
Jul 22
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