For adults in Ontario, traumatic brain injury may meet the catastrophic impairment definition under paragraph 4 of section 3.1(1) of the Statutory Accident Benefits Schedule where there are positive traumatic intracranial imaging findings and the individual later meets one of the specified outcome levels on the Glasgow Outcome Scale or Extended Glasgow Outcome Scale (GOS/GOSE) at the required timepoint. At a basic level, the test comes down to two things: whether there is obj

Family members in Ontario have a statutory right to claim compensation when a person is injured or killed due to the fault or neglect of another. These claims arise under section 61 of the Family Law Act (Ontario). They are commonly referred to as “FLA claims,” but that label tends to oversimplify what they actually involve. These are claims for the impact of an injury or death on a relationship, not for the injury itself. They apply across Ontario personal injury law — not j

Certain intersections in Richmond Hill 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 important context when determining how a crash occurred and who was at fault. While accidents can happen anywhere, collisions are more likely at busy, multi-lane intersections where vehicles are stopping, turning, and merging at the same time. High

Quick Answer: In many motorcycle cases, it is not enough to understand generally how the collision occurred. The key issue is often whether there is any reliable basis to allege that the motorcycle was travelling at an excessive speed. Accident reconstruction is used to analyze timing, distance, visibility, and physical evidence to determine whether a speed allegation is supported, and whether the maneuver that led to the collision was ever safe to begin with. Motorcycle case

By: Lane Foster, Personal Injury Lawyer Updated: April 2026 Quick Answer: Motorcycle accident claims in Ontario move through a number of stages, starting with Accident Benefits and early insurer involvement, then shifting into liability investigation, medical recovery, and eventually settlement or litigation. Most claims take time because doctors need a clearer understanding of the long-term prognosis before the case can be properly valued, and early settlement offers rarely

If you are injured in a car accident in Ontario, the amount awarded for pain and suffering can be reduced by a statutory deductible. For 2026, the main deductible for pain and suffering in Ontario motor vehicle accident claims is $47,913.01. The deductible disappears if the pain and suffering award exceeds $159,708.71. This is often called the “vanishing deductible.” The rule surprises many injured people. A person can be hurt, prove that another driver caused the collision,

Some intersections in Markham see more collisions than others due to traffic volume, turning patterns, and visibility issues. Knowing where and why accidents happen can help drivers stay alert — and can also become important when determining how a crash occurred and who was at fault. While any intersection can be the site of a serious collision, certain areas consistently present higher risks. High-Risk Intersections in Markham Below are several intersections in Markham that

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

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 functioning is looked at across different areas of daily life. W

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 de

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