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Ontario Personal Injury Lawyer Blog


Pedestrian Hit While Walking on a Road Without a Sidewalk in Ontario
Not every pedestrian collision happens in a crosswalk. In many parts of Ontario, people walk along rural roads, cottage roads, concession roads, residential streets, industrial roads and regional roads where no sidewalk is available. When a pedestrian is hit in that setting, the defence often starts with a simple accusation: the pedestrian should not have been walking there. Ontario law recognizes that pedestrians may have to walk along a road where sidewalks are not provided
Jul 21


Cognitive Fatigue After a Brain Injury: Why Mental Effort Feels Exhausting
Yes. A concussion or traumatic brain injury can cause cognitive fatigue, also called mental fatigue or neurofatigue. This is not ordinary tiredness. It is exhaustion triggered by thinking, concentrating, reading, driving, using screens, following conversations, making decisions or trying to function in a busy environment. Cognitive fatigue can be one of the most frustrating symptoms after a brain injury because the person can look physically fine. They may speak normally, wal
Jul 20


Pedestrian Hit by a Driver Turning Left or Right at an Ontario Intersection
Many pedestrian collisions at Ontario intersections happen for a simple reason: the driver is looking for traffic, not for the person walking across the road. This is especially common when drivers are turning left or right. A driver turning left might be focused on oncoming vehicles and trying to clear the intersection before the light changes. A driver turning right could be looking left for a gap in traffic while a pedestrian is crossing from the sidewalk or directly in fr
Jul 20


Rule 30.10 Motions in Ontario Personal Injury Litigation
Much of the evidence that is required to prove a personal injury action is exchanged through ordinary documentary discovery. The plaintiff produces the clinical, employment and financial records in their possession, control or power. The defendants produce their own relevant records. Examinations for discovery are then used to identify gaps and pursue further production. Those disclosure obligations are imposed on the parties, although physical custody is not necessarily dete
Jul 20


OPCF 44R Family Protection Coverage in Ontario: Uninsured, Underinsured and Hit-and-Run Claims
Quick Answer OPCF 44R is optional automobile insurance coverage that may compensate an insured person or eligible family claimant when an at-fault motorist has insufficient insurance, no insurance or cannot be identified. It does not automatically add the full policy limit to a claim. Coverage depends on the endorsement wording, claimant status, available liability insurance and other sources of recovery. A person can suffer catastrophic injuries in a collision and prove that
Jul 20


Highway 410 Accident Lawyers: Serious Crashes in Brampton and Mississauga
Highway 410 accident lawyers can investigate how a serious crash occurred, preserve dashcam and commercial records, identify every responsible driver or company, and pursue accident benefits and compensation. Claims near Brampton and Mississauga may involve the Highway 401/403 interchange, sudden congestion, HOV-lane changes, motorcycles or transport trucks. Foster Injury Law represents people seriously injured in car, motorcycle and transport-truck collisions throughout Bram
Jul 20


Dashcam Footage After an Ontario Car Accident: How to Preserve and Use Video Evidence
Quick Answer Yes. Dashcam footage can be used as evidence in an Ontario car accident claim if it is relevant and can be authenticated. Preserve the complete native recording and original memory card. Do not edit, delete or post the footage before it has been reviewed, because the recording may contain evidence that helps or hurts your case. Ontario car accident lawyers frequently find that dashcam footage can clarify traffic-signal colour, lane position, visibility, braking,
Jul 20


Highway 404 Accident Lawyers: Serious Crashes Near Newmarket and Markham
Highway 404 accident lawyers can investigate the lane movements, interchange conditions and electronic evidence that led to a serious collision. These cases can often turn on one disputed movement: a vehicle crossing out of the HOV lane, merging from an interchange, moving across several lanes for an exit or entering faster traffic without enough space. Foster Injury Law represents people seriously injured in highway collisions throughout York Region and Ontario. Our Newmarke
Jul 17


Highway 401 Accident Lawyers: Serious Crashes Near Kitchener and Cambridge
Highway 401 accident lawyers are able to investigate the sequence of a serious crash, preserve electronic and commercial records, identify every potentially responsible driver or company, and address disputes between multiple insurers. Those steps are especially important after a pileup, transport-truck collision or contested lane-change crash near Kitchener and Cambridge. Foster Injury Law represents people seriously injured in highway collisions throughout Waterloo Region a
Jul 17


Injured at Canada’s Wonderland in Vaughan? What Evidence Can Support a Serious Injury Claim
What Should You Do After Being Injured at Canada’s Wonderland? After a serious injury at Canada’s Wonderland in Vaughan, report the incident before leaving if you can, take photos of the exact area, get witness names, keep your ticket or digital purchase record, preserve footwear and clothing, and get medical care as soon as possible. Canada’s Wonderland is one of Vaughan’s best-known destinations. The park is located at 1 Canada’s Wonderland Drive in Vaughan, and the officia
Jul 16


Injured on Barrie Transit? Bus, On Demand and Terminal Claims
A person who is injured on a Barrie Transit bus, during a Transit ON Demand trip or at a local transit facility may have a legal claim if unsafe operation, defective accessibility equipment or a dangerous property condition caused the injury. Determining responsibility can require an investigation of both the City of Barrie and MVT Canadian Bus Inc., the private contractor involved in Barrie Transit’s daily operation and maintenance. Our Barrie personal injury lawyers investi
Jul 16


Can Strava, Garmin or Cycling Camera Data Help Prove Fault After an Ontario Bicycle Accident?
Yes. Strava activities, Garmin files and cycling-camera footage may help establish a cyclist’s route, approximate speed, direction of travel and movements before a collision. They rarely prove fault by themselves, but the original files can become valuable when compared with video, physical evidence, witness accounts and vehicle data. Our Ontario bicycle accident lawyers investigate digital cycling evidence if the driver is disputing the cyclist’s speed, location or actions b
Jul 15


Injured on GO Transit? Train, Bus and Station Injury Claims
A person who is injured on a GO train, GO bus or at a GO station may have a claim against Metrolinx or another responsible party if negligent operation, defective equipment or an unsafe property condition caused the injury. The applicable law depends on whether the incident involved rail operations, a bus collision or station property. Our Ontario bus and public transit accident lawyers investigate serious GO Transit injuries and seek to preserve the video, operating records
Jul 15


What Happens to a Child’s Personal Injury Settlement Money in Ontario?
In Ontario, a child’s personal injury settlement must be approved by a judge. Unless the court orders another arrangement, the child’s net settlement is paid into court and held for the child, usually until age 18. Parents cannot simply receive or spend the money, although they may apply to access funds for necessary expenses. Our Ontario child injury lawyers address how the settlement funds will be protected as part of the approval process, including payment into court, stru
Jul 15


What Can an Estate Claim After a Wrongful Death in Ontario?
When someone dies because of another person’s negligence, the resulting lawsuit may contain two distinct groups of claims. The deceased person’s estate can continue certain claims that belonged to the deceased before death. Eligible relatives may also bring their own claims for losses they personally experience because of the injury or death. Although both types of claim are often included in the same lawsuit, they compensate different losses and the money is received in diff
Jul 14


Can You Sue a Bar for Overserving a Drunk Driver in Ontario?
Yes. An Ontario bar, restaurant or other licensed establishment may share liability if it overserves a patron who later causes a drunk-driving accident. The impaired driver remains responsible for choosing to drive. The establishment is not liable merely because the driver consumed alcohol there before the collision. The injured person must connect the alcohol service to a danger that was or should have been apparent and show that the establishment’s conduct contributed to th
Jul 14


What If the Insurance Company Says Your Injuries Were Pre-Existing After an Ontario Car Accident?
Quick answer: A pre-existing condition does not automatically defeat an Ontario car accident claim. The questions are whether the crash caused a new injury, worsened an existing condition, accelerated symptoms, or turned a manageable condition into a disabling one. Medical records, imaging, family doctor notes, specialist reports, treatment records, and evidence about how your function changed after the crash can become important. This article deals with what happens when an
Jul 14


Can You Sue a Bar After an Assault in Ontario?
Yes. A bar or nightclub can be sued after an assault when the establishment’s own conduct caused or contributed to the injury. A claim can arise if staff continued serving an apparently intoxicated and aggressive patron, ignored a confrontation that was escalating, used an unsafe ejection procedure or permitted security personnel to use unnecessary force. The individual attacker may remain primarily responsible, but responsibility does not always end with the person who deliv
Jul 14


Can a Car Accident Cause Spinal Stenosis?
Quick Answer: Yes. A car accident can cause spinal stenosis, or make pre-existing spinal stenosis symptomatic. In an Ontario injury claim, the issue is usually whether the crash caused new narrowing, worsened an existing spine condition, or triggered nerve or spinal cord symptoms that were not disabling before the accident. These cases often involve both a tort claim against an at-fault driver and an accident benefits claim, which is why they should be assessed as part of a b
Jul 14


Can a Passenger Sue After a Car Accident in Ontario?
Quick answer: Yes. A passenger injured in a car accident in Ontario may be able to sue the at-fault driver, including the driver of the vehicle they were riding in. The passenger may also have an accident benefits claim, which is separate from the lawsuit and can usually be started before fault is fully resolved. This article deals with passenger injury claims only. For a broader explanation of Ontario car accident claims, including accident benefits, lawsuits, compensation,
Jul 14
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