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Ontario Personal Injury Lawyer Blog


When Does Long-Term Disability Change From “Own Occupation” to “Any Occupation” in Ontario?
By Lane Foster Personal Injury and Long-Term Disability Lawyer Foster Injury Law 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
2 days ago


How Long After an Accident Can You Sue in Ontario?
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
6 days ago


How Pain and Suffering Damages Are Calculated in Ontario (Cap, Deductible & Examples)
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 9,
Mar 9


How Much Compensation Can You Get for a Car Accident in Ontario? (Settlement Examples)
Author: Lane Foster, Personal Injury Lawyer Updated: March 2026 Most car accident settlements depend on injury severity, medical costs, lost income, and long-term disability. Minor injuries may result in settlements in the thousands, while serious injuries involving permanent disability or long-term care can reach hundreds of thousands or more. Compensation may include pain and suffering damages, income loss, treatment costs, and future care expenses. Typical Car Accident Se
Mar 6


How to Choose a Personal Injury Lawyer in Ontario
Written by Lane Foster, Personal Injury Lawyer – Ontario Last updated: March 2026 How do you choose a personal injury lawyer in Ontario? Choosing a personal injury lawyer in Ontario involves comparing experience, communication, and how the lawyer prepares evidence. Before signing a retainer, consider the following: Confirm the lawyer regularly handles personal injury cases. Ask how contingency fees and disbursements work. Make sure you can communicate directly with your lawye
Feb 25


Fernandes v. Penncorp Life Insurance Company (2013 ONSC 1637): How Courts Assess Long-Term Disability Terminations and Surveillance Evidence
By: Lane Foster, Ontario long-term disability lawyer When a long-term disability insurer stops paying benefits, the central legal question is usually straightforward but highly contested: is the claimant still disabled under the policy definition? In Fernandes v. Penncorp Life Insurance Company, (2013 ONSC 1637) the Ontario Superior Court examined that exact issue. The decision provides a practical example of how courts analyze surveillance evidence, medical opinions, and
Feb 24


How Much Does It Cost to Hire a Personal Injury Lawyer in Ontario?
If you’ve been injured and are thinking about hiring an Ontario personal injury lawyer , you’re probably asking: How much will it cost? In Ontario, most personal injury lawyers charge a contingency fee , meaning they are paid a percentage of the compensation recovered. In many cases, that percentage falls within the 30–35% range , depending on the complexity and risk of the case. In most situations, you do not pay legal fees upfront. The lawyer is paid only if your claim is s
Feb 13


What Is the Serious Impairment Threshold in Ontario Motor Vehicle Accident Claims
In Ontario motor vehicle accident cases, an injured person does not automatically have the right to claim compensation for pain and suffering . To recover non-pecuniary damages, the injured person must first satisfy a legal gatekeeping test commonly referred to as the serious impairment threshold . The threshold is frequently misunderstood. Many people assume that ongoing pain, a lengthy recovery, or a delayed return to work is sufficient. In reality, the threshold is a legal
Feb 10


How Long Does a Personal Injury Claim Take to Settle in Ontario?
Summary — How Long Personal Injury Claims Take in Ontario Most personal injury claims in Ontario take 12 to 36 months to resolve. Straightforward claims involving minor injuries and clear liability may settle in under a year. More serious or catastrophic injury claims often take several years because medical recovery must stabilize before the claim can be properly valued. Common Questions About Personal Injury Settlement Timelines How long do most personal injury claims take
Feb 5


What Is the Minor Injury Guideline (MIG) in Ontario?
Minor Injury Guideline (MIG): Key Questions and Answers Summary (Minor Injury Guideline — Ontario) Ontario’s Minor Injury Guideline (MIG) is part of the accident benefits system and limits medical and rehabilitation funding to $3,500 when injuries are classified as minor (for example, sprains, strains, and certain whiplash conditions). Being placed in the MIG does not mean your injury is “not real.” If symptoms persist or another condition is diagnosed, funding may be avai
Feb 2


Catastrophic Impairment in Ontario: The Complete 2026 SABS CAT Guide
When a person suffers life-altering injuries in a motor vehicle accident in Ontario, one of the most important legal questions becomes: “Does this injury meet the definition of a catastrophic impairment under the SABS?” A catastrophic impairment (often called “CAT”) is the highest classification of injury under Ontario’s auto insurance laws. It dramatically increases the benefits available to an injured person — including access to long-term medical, rehabilitation, caregive
Dec 9, 2025


Ontario Winter Tires
This past Sunday, Ontario Provincial Police responded to over 220 motor vehicle crashes . The startling number of collisions was a result of the first major snowfall crossing paths with unprepared vehicle operators. Undoubtedly, a lack of winter tires will have played a role in many of these collisions. One of the reasons for the amount of vehicles slipping and sliding may be that Ontario does not mandate winter tires by law, in contrast to Quebec. Winter Tire Usage On a po
Nov 10, 2025


Who Pays in Personal Injury Lawsuits?
When you suffer personal injuries due to someone else’s negligence, you deserve to be properly compensated for your losses. But who is responsible for paying for your losses? A common myth regarding personal injury cases is that the person you sue, (the defendant), will have to pay you personally. This myth often makes victims hesitant to commence a personal injury claim because they worry about financially harming the other person. In nearly every personal injury lawsui
Oct 3, 2025


What to Do after a Car Accident: Understanding your Legal Claims
You’ve been injured in a car accident and are wondering what potential legal claims you can make. You’re in the right spot. Individuals injured in car accidents in Ontario have two potential claims. Accident Benefits The first claim is called an Accident Benefits or “No Fault” claim with your own automobile insurance company. In Ontario, all drivers are required to carry a valid policy of car insurance. However, an absence of car insurance does not prevent you from bein
Jun 19, 2025


Winter Means...? Winter Tires
This year, Barrie’s first real snowfall was on November 30th. Just a few minutes waking up and seeing the snow, I heard the crunching of...
Dec 5, 2024
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