Personal Injury Limits in Key Canadian Provinces

Personal injury lawyers are looking to provide services to motor vehicle accident (MVA) plaintiffs in other provinces. This article provides a brief overview of current legislation.Quebec and Manitoba have government-run pure no-fault insurance regimes, with no right to sue for pain and suffering nor for economic loss beyond the no-fault benefits.Saskatchewan also has a government-run system which lets motorists choose

2024-02-23T14:50:31-05:00November 5th, 2023|

E-bike traumatic injuries are on the rise

Though the record-keeping on e-bike injuries is inconsistent, anecdotal evidence and media interviews with emergency, trauma, and orthopedic departments suggest a new magnitude of danger on bike paths and roadways. Personal injury lawyers in Canada need to be aware of this growing situation and the many – sometimes conflicting – provincial rules for e-bikes.Dr. Charles DiMaggio, director of injury research

2023-12-06T13:09:57-05:00September 6th, 2023|

Deciding Fault in Self-Driving MVA Cases

If a “driverless” vehicle with a person at the wheel injures or kills someone, who – or what – is at fault?This is no longer science fiction or a mind experiment. Forecasts project 4.5 million self-driving cars on USA roads by 2035, which could translate to 500 thousand such vehicles in Canada. The Victoria Transportation Policy Institute in BC predicts

2023-12-06T14:10:38-05:00June 6th, 2023|

Are Personal Injury Tribunals Constitutional?

We have written in the past about the tribunals in British Columbia and Ontario that manage some aspects of insurance disputes involving motor vehicle accident (MVA) personal injuries. BC’s tribunal has run into repeated constitutional difficulties, while Ontario’s has avoided this so far. British Columbia’s Civil Resolution Tribunal (CRT) was set up in 2016 to remove some small claims from

2023-03-01T16:37:15-05:00July 1st, 2022|

Could ICBC changes spread across Canada?

Provincial governments across Canada are constantly looking for ways to reduce auto insurance rates. To do this, they have tried public and private insurance regimes, changed coverage and benefits, or instituted tribunals to streamline legal systems. British Columbia’s latest changes could tempt other provinces to significantly reduce injured plaintiffs’ access to justice. In 2020, BC’s NDP government introduced Bill 11,

2021-03-25T13:27:09-04:00March 25th, 2021|

Are Motor Vehicle Accident (MVA) Injury Tribunals Fair?

Two provinces now have tribunals to handle some aspects of insurance disputes involving MVA personal injuries. British Columbia’s Civil Resolution Tribunal (CRT) was set up in 2016 to remove some small claims from the provincial court and some disputes from the B.C. Supreme Court. In 2019, the Attorney-General also moved minor personal injury claims (up to $5,000) out of court

2021-01-29T15:52:11-05:00January 29th, 2021|

Are some auto insurers more litigious?

We have interviewed many Ontario personal injury lawyers over the years, and there is a strong sense that auto insurance companies are increasingly likely to fight plaintiff claims. In earlier articles, we reported several factors driving this perception, including: Ontario legislative changes over the years allowed insurers to “bully” plaintiffs Adjusters used to be independent but now tend to

2021-01-29T13:58:38-05:00May 11th, 2020|

Effects of Cannabis on MVA’s

On October 17, 2018, cannabis sale and use became legal across Canada in a regulated market. To prepare for this, new federal legislation passed in June 2018 to deter and detect those who drive while impaired, by alcohol, cannabis, or other drugs. There are three new offences of having prohibited blood drug concentrations within two hours of driving. There is

2021-01-29T14:00:14-05:00December 23rd, 2019|
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