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Ontario Personal Injury Lawyer Blog


What Happens If a Car Hits a Pedestrian in Ontario?
By Lane Foster, Personal Injury Lawyer A pedestrian accident is not handled like a simple vehicle damage claim. The injured person may need treatment funding immediately, while the driver’s insurer may already be looking for a way to blame the pedestrian. Ontario law provides pedestrians with a legal advantage. A driver who hits someone walking on the road does not get to end the case by saying, “I didn’t see them.” Under section 193 of Ontario’s Highway Traffic Act, the driv
May 14


What Are the 4 Things Required to Prove Negligence in Ontario?
The four things required to prove negligence claims in Ontario are duty of care, breach of duty, causation, and damages. In a personal injury claim, this means the injured person must prove the defendant had a legal duty to act reasonably, failed to meet that duty, caused the injury, and caused losses that can be compensated. For an injured person, the issue is proving what happened, why the other person was legally at fault, how the accident caused the injury, and how the in
May 14


Rule 76 Simplified Procedure in Ontario Personal Injury Claims
Rule 76 in the Ontario Rules of Civil Procedure (R.R.O. 1990, Reg. 194) is the rule that governs the simplified procedure for certain civil lawsuits in the Superior Court of Justice. In personal injury cases, Rule 76 affects how quickly a lawsuit moves, discovery rights, how expert evidence is presented, whether the case is tried by a judge or jury, and how settlement pressure can develop. Rule 76 applies where the plaintiff’s claim is for money, real property, or personal p
May 12


Can You Switch Personal Injury Lawyers in Ontario?
Yes. A personal injury client in Ontario can change lawyers. That is not a loophole or an unusual exception. It is a basic client choice. In contingency-fee cases, Ontario’s standard materials are designed to make sure clients understand their rights and obligations before signing an agreement. The Law Society of Ontario requires lawyers and paralegals to provide clients with the Law Society’s Contingency fees: What you need to know consumer guide before entering into a conti
May 12


What Should You Do After a Dog Bite in Ontario?
A serious dog bite is often a very traumatic event. The first steps are practical: get medical care, identify the dog and owner, report the incident, take photographs, and keep records of what happened. That may sound simple, but it is often not how these incidents unfold. People are shaken. The dog owner may be apologetic at first and defensive later. A child might not be able to explain the attack clearly. A wound may look manageable in the first few hours, then become infe
May 9


Driver Turned Left in Front of a Motorcycle: Speed and Distance Errors
In many motorcycle accident claims, the driver says something like: “I thought I had enough time to turn.” This is where we have to figure out why they believed that. In these cases the issue is whether the driver properly judged the motorcycle’s speed, distance, and closing time before entering its path. This is especially important in Ontario motorcycle accident claims involving left-turn collisions, intersection conflicts, and unsafe gap decisions. Motorcycles can be harde
May 9


What If a Driver Says They Did Not See a Motorcycle or Cyclist?
In many motorcycle and bicycle accident claims, the driver gives a familiar explanation: “I did not see them.” That bald statement is not the end of the analysis. In Ontario injury claims, the issue is not about whether the driver says the rider was unseen. The issue is if a reasonable driver, exercising proper attention under the circumstances, should have detected and responded to the motorcycle or cyclist before the collision occurred. These cases are often about perceptio
May 8


Serious Car Accidents in Halton Region: Oakville, Burlington, Milton, and Major Collision Corridors
Car accident claims in Halton Region often arise from crashes on the same roads that connect Oakville, Burlington, Milton, and the surrounding communities: the QEW, Highway 403, Highway 401, Highway 407, Dundas Street, Trafalgar Road, Bronte Road, Guelph Line, Appleby Line, Walkers Line, Derry Road, Thompson Road, Regional Road 25, James Snow Parkway, Upper Middle Road, Main Street, and other busy local corridors. These areas often see crashes such as rear-end impacts, left-t
May 1


Ontario’s 2026 Accident Benefit Changes: What Pedestrians, Cyclists and Passengers Need to Know
By Lane Foster, Personal Injury Lawyer Starting July 1, 2026, Ontario’s auto insurance system changes in a way that will seriously affect people injured in motor vehicle accidents. Medical, rehabilitation and attendant care benefits will remain mandatory. However, many other Statutory Accident Benefits, such as income replacement benefits, non-earner benefits, caregiver benefits, housekeeping benefits, death benefits, funeral benefits, visitor expenses, education expenses and
Apr 30


How Neuropsychological Assessments Are Used in Ontario Brain Injury Claims
By: Lane Foster, Personal Injury Lawyer In Ontario personal injury cases, neuropsychological assessments are used to evaluate cognitive and behavioural functioning following a traumatic brain injury, particularly where symptoms are not fully explained by imaging or routine clinical examination. They are most commonly relied on in cases involving persistent complaints such as: impaired memory reduced concentration slowed thinking difficulty with organization or decision-making
Apr 29


Dangerous Intersections in Halton Region for Cyclists, Motorcyclists and Pedestrians
Halton Region continues to see steady population growth, increased commuter traffic, and expanding road networks. As traffic volumes increase across Oakville, Burlington, Milton, and Halton Hills, serious collisions involving vulnerable road users are becoming more common. Many of these incidents occur at predictable locations—wide multi-lane intersections, highway interchanges, and arterial corridors where speed, visibility, and driver decision-making all intersect. Below is
Apr 23


What Happens If You Are Hit by a Car and the Driver Flees in Ontario?
By Lane Foster, Personal Injury Lawyer Last Updated April 2026 If you are hit by a car and the driver leaves the scene in Ontario, you are very likely to be entitled to Accident Benefits and, in some cases, compensation through a lawsuit even if the driver is never identified. Hit-and-run pedestrian accidents are often serious. The fact that a driver fled the scene does not eliminate your legal rights, but it can make the claim more complex. What happens next depends on wheth
Apr 23


Who Can You Sue If You Are Hit by a Car as a Pedestrian in Ontario?
By Lane Foster, Personal Injury Lawyer Last Updated April 2026 If a car hits a pedestrian in Ontario, the injured person may be entitled to medical and income replacement benefits through auto insurance and may also be able to bring a lawsuit against the at-fault driver or other responsible parties. In most cases, the pedestrian can sue the driver who hit them, but other parties may also be responsible depending on the circumstances. What happens next depends on how the accid
Apr 22


What Happens in the Brain After a Traumatic Brain Injury
Traumatic brain injuries are often described simply, but what is happening inside the brain is more complex. The most important changes are not usually visible on standard imaging, and the way those changes affect a person’s ability to function is not always obvious early on. Understanding what is happening at a biological level helps explain why some people recover quickly, while others continue to struggle months or years after the injury. Traumatic Brain Injury Is Not Just
Apr 22


Bicycle Accident Claims in Ontario: Liability, Insurance, and Compensation Explained
By Lane Foster, Personal Injury Lawyer Last Updated April 2026 If you were injured in a bicycle accident in Ontario, you may still have a valid claim even if you were partially at fault. Most serious bicycle accident cases involve both no-fault Accident Benefits and a lawsuit against the at-fault driver. This guide explains how bicycle accident cases work in Ontario, including fault assessments, insurance coverage, deadlines, and how compensation is calculated. . Why Bicycle
Apr 19


Can You Still Bring a Claim If You Were Jaywalking in Ontario
By Lane Foster, Personal Injury Lawyer Last Updated April 2026 Yes, you can still bring a claim even if you were jaywalking in Ontario. Being outside of a crosswalk does not automatically prevent you from recovering compensation. Fault in Ontario pedestrian accident cases is not determined solely by where a person was crossing. Instead, liability is assessed based on what both the driver and the pedestrian did, and whether the collision could have been avoided. Can you sue if
Apr 19


Most Dangerous Intersections in Vaughan
Certain intersections in Vaughan experience more collisions than others due to traffic volume, turning patterns, and road design. Understanding where and why accidents happen can help drivers stay alert — and can also provide useful context when looking at how a crash occurred. With major routes like Highway 7, Highway 400, and arterial roads such as Jane Street, Weston Road, and Rutherford Road , traffic in Vaughan can be heavy throughout the day. Many collisions happen in s
Apr 18


Who Is at Fault in a Pedestrian Accident in Ontario
In Ontario, fault in pedestrian accident cases does not begin from a neutral position. The analysis starts with a legal presumption against the driver. This presumption comes directly from section 193 of the Highway Traffic Act, which provides that where a motor vehicle strikes a pedestrian, the driver is presumed to have been negligent unless they can prove otherwise. In practical terms, once it is established that a driver struck a pedestrian, the burden shifts to the drive
Apr 18


Most Dangerous Intersections for Motorcycle Accidents in Mississauga
Quick Answer: Motorcycle accidents in Mississauga tend to occur at major intersections involving left turns, higher traffic volume, and limited margin for error. Intersections along Hurontario Street, Dundas Street, and Eglinton Avenue come up repeatedly, often in situations where a driver misjudges how close an oncoming motorcycle really is. Mississauga a large number of busy intersections, but some locations are more likely to result in motorcycle accident cases. A standar
Apr 17


SIG Sauer P320 Training Incident in Canada
A recent incident involving a Canadian Armed Forces Military Police officer has raised questions about the safety of the SIG Sauer P320 service pistol. As reported by CBC News and covered across CBC television and radio, the officer was injured during routine training at Base Borden when the firearm discharged during a routine draw from its holster. The officer maintains that the trigger was not pulled at the time of the discharge. Lane Foster of Foster Injury Law, acts as c
Apr 16
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