What Happens If You’re Partly At Fault for a Car Accident in Ontario? If you are partly at fault for a car accident in Ontario, you can still recover compensation. Ontario uses a contributory negligence system, meaning your damages are reduced based on your share of fault—not eliminated. You can also receive Accident Benefits regardless of who caused the crash. Car accident claims are often not as simple as one driver being entirely responsible. In many cases, both drivers c

By Lane Foster, Personal Injury Lawyer Updated: April 2026 Quick Answer: Motorcycle accident liability in Ontario is determined using negligence law and evidence such as witness statements, physical damage, and accident reconstruction . Although riders are often blamed early, many collisions—especially left-turn accidents—are legally the fault of the other driver. Motorcycle accident claims are often disputed In many cases, fault is assessed quickly and based on limited infor

By Lane Foster, Personal Injury Lawyer Last updated: April 2026 A “marked impairment” in Ontario refers to a serious psychological limitation in key areas of functioning. Since 2016, a person must have marked impairment in at least three of four functional domains to meet the catastrophic impairment definition for mental or behavioural disorders. In many cases, the dispute isn’t whether someone is struggling. It’s whether those limitations meet the legal threshold when their

By Lane Foster, Personal Injury Lawyer Last updated: April 2026 Most people who suffer a concussion recover within weeks or a few months. However, research suggests that approximately 10–20% of individuals experience symptoms that persist beyond three months. In Ontario, these cases are often misunderstood—particularly where imaging is normal but the person’s ability to function does not return to pre-accident levels. Most People Recover — But Not Everyone Does A concussion,

By Lane Foster – Ontario Personal Injury & Disability Lawyer Updated: April 2026 Yes — in most cases, you can work while receiving long-term disability (LTD) benefits in Ontario. However, working may reduce your benefits or trigger a reassessment of your claim, depending on your policy and medical restrictions. In some situations, attempting to return to work can support your claim. But if handled incorrectly, it can also lead to a denial. Can You Work While on LTD in Ontario

By Lane Foster, Personal Injury Lawyer Insurance companies may use surveillance in long-term disability (LTD) claims in Ontario. This can include video surveillance, social media monitoring, or other investigative methods to assess whether a person’s reported limitations are consistent with their observed activities. Do Insurance Companies Use Surveillance in LTD Claims? Yes. Some disability insurers use surveillance as part of the claims process, particularly where: the clai

By Lane Foster, Personal Injury Lawyer To win a long-term disability (LTD) appeal in Ontario, you must provide clear medical evidence showing how your condition prevents you from performing your job. Most appeals are unsuccessful unless new and compelling evidence is provided, as insurers are typically reviewing their own decision internally. Can You Win an LTD Appeal in Ontario? Yes—but only in certain situations. Most long-term disability appeals are unsuccessful unless the

By Lane Foster, Personal Injury Lawyer Last updated: April 2026 A mild traumatic brain injury (MTBI), often called a concussion, is a brain injury that may not appear on CT or MRI scans but can still cause serious and long-lasting symptoms. In Ontario, these injuries are frequently misunderstood—especially when they significantly affect a person’s ability to work and function. What Counts as a Mild Traumatic Brain Injury (MTBI)? A mild traumatic brain injury is typically cau

By: Lane Foster, Personal Injury & Disability Lawyer Last updated: March 2026 A paper review in a long-term disability claim is when an insurance company relies on a doctor’s opinion based only on your file, without arranging an in-person assessment. These reviews are a common reason LTD claims are denied in Ontario. In many cases, the denial doesn’t turn on whether someone is genuinely struggling—it turns on how the medical evidence is interpreted on paper. What Is a Paper R

By Lane Foster, Personal Injury Lawyer Brain injury settlement amounts in Ontario vary significantly depending on the severity of the injury, its long-term impact, and the strength of the supporting evidence. While some claims resolve for more modest amounts, more serious cases involving ongoing impairment, inability to work, or long-term care needs can result in substantially higher compensation. In many of the brain injury cases we see, the issue is not simply the diagnosis

By Lane Foster, Personal Injury Lawyer Proving a brain injury after a car accident in Ontario requires more than a diagnosis alone. These claims are built using medical records, expert assessments, and clear evidence showing how the injury has affected your ability to work and function in daily life. No single test determines the outcome — the case depends on the totality of the evidence over time. In many of the brain injury cases we see, the issue is not whether an injury o

Fault in Ontario car accident injury claims is determined using negligence law, not the Fault Determination Rules. Courts assess whether a driver acted reasonably in the circumstances and may assign full or partial responsibility. Insurance companies also assess fault separately for insurance purposes using statutory rules. By: Lane Foster, Personal Injury Lawyer Updated March 25, 2026 After a car accident, one of the first questions people ask is: who was at fault? People

By Lane Foster, Personal Injury Lawyer Yes, you can sue after a motorcycle accident in Ontario if another party was at fault and your injuries meet the legal threshold for a claim. In many cases, a lawsuit is pursued alongside accident benefits to recover full compensation. When can you sue after a motorcycle accident in Ontario? You can sue when another driver or party caused the accident and your injuries have had a significant impact on your life. In Ontario, most motorc

By: Lane Foster, Personal Injury Lawyer After a motorcycle accident in Ontario, your priority should be getting medical attention and ensuring your safety. Motorcycle accidents often involve serious injuries, and the steps taken early can affect both recovery and any potential claim. What should you do after a motorcycle accident in Ontario? You should get medical attention immediately, report the accident, and ensure your safety as soon as possible after a motorcycle accide

By Lane Foster, Personal Injury Lawyer Motorcycle accident compensation in Ontario varies widely depending on the severity of the injury. Most claims include accident benefits, income replacement, and damages through a lawsuit. For moderate to serious injuries, compensation often ranges from tens of thousands to several hundred thousand dollars or more. How much compensation do you get for a motorcycle accident in Ontario? Injury Type Typical Compensation Minor injuries Unde

By: Lane Foster, Personal Injury Lawyer The hardest injuries to prove in Ontario personal injury claims are those without objective medical evidence, including chronic pain, soft tissue injuries such as whiplash, mild traumatic brain injuries, and psychological conditions. Because these injuries rely heavily on subjective symptoms rather than imaging or test results, insurance companies often dispute their severity, duration, or connection to the accident. Quick Answer: What

By Lane Foster, Personal Injury Lawyer What happens if accident benefits are denied in Ontario? If your accident benefits are denied in Ontario, you can challenge the decision through the Licence Appeal Tribunal (LAT). You generally have 2 years from the denial to start a dispute, and you may need updated medical evidence to support your claim. Insurance companies often deny benefits based on medical assessments or treatment disputes, but these decisions are not final and can

By Lane Foster Personal Injury and Long-Term Disability Lawyer Most long-term disability (LTD) policies in Ontario change from an “own occupation” definition of disability to an “any occupation” definition after about 24 months of benefits . At that stage, claimants must usually show they cannot perform any job they are reasonably suited for based on their education, training, or work experience , not just their previous occupation. This definition change is one of the most

In most Ontario personal injury cases, you have two years from the date of the accident to start a lawsuit. This deadline is called the limitation period under Ontario’s Limitations Act, 2002 . However, some claims involve shorter notice requirements or additional deadlines depending on the circumstances. By: Lane Foster , Personal Injury Lawyer Updated March 12, 2026 People injured in accidents often focus on recovery and medical treatment, but it is also important to under

Pain and suffering damages in Ontario personal injury claims are determined by comparing the injured person’s condition with previous court decisions involving similar injuries. Courts consider factors such as the severity and permanence of the injury, the impact on daily life, and the loss of enjoyment of life. In motor vehicle accident cases, Ontario law may also apply statutory deductibles that reduce certain awards. By Lane Foster, Personal Injury Lawyer Updated March 25