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  • Article

    5 Myths Shrouding The Realities Of Pedestrian Safety

    In 2019, a total of 42 pedestrian fatalities were recorded in Toronto. In pedestrian death cases, the Globe and Mail found that more than one-quarter of drivers fled the scene.
    CanadaTransport
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    LAT Success On Catastrophic Impairment And A Helpful Criterion 8 Analysis

    McLeish Orlando Partner, William Harding. was recently successful in obtaining a catastrophic designation for a client at the License Appeal Tribunal ("the Tribunal").
    CanadaFamily and Matrimonial
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    The Importance Of Pool Safety

    With the summer months upon us, it is time to say goodbye to the cold, rainy days, and say hello to time spent by the pool.
    CanadaEmployment and HR
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Can Evidence From Criminal Proceedings Be Used In A Personal Injury Lawsuit?

    An at-fault defendant in a personal injury action may also be charged under the Criminal Code of Canada or the Highway Traffic Act (“HTA”). While these proceedings remain separate from the civil action, also known as the lawsuit, there can be significant evidentiary overlap.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Volenti Non-Fit Injuria AKA "You Brought This On Yourself!"

    On a Friday evening in July 1986, two men – Hall and Hebert – drove to a house party in a souped-up Pontiac Firebird.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Is An Insurer Examination Comprehensive When Missing Medical Reports?

    The Applicant was injured in a motor vehicle accident but was denied benefits by the Respondent. The Respondent insurer examination deemed the Applicant within the Minor Injury Guidelines (MIG).
    CanadaInsurance
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Are Electric Bikes Classified As Vehicles In Ontario? Understanding Legal Implications For Personal Injury Claims

    Electric bicycles ("e-bikes") are bicycles with an added battery-powered electric motor that assists the rider with pedalling by increasing the amount of power to the wheels.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    What Happens When An Insurance Company Sends You To An Independent Medical Examination (IME)?

    Insurance companies routinely schedule Independent Medical Examinations (IMEs) as part of the claims process in Ontario, often leaving claimants uncertain about their purpose and impact. Understanding what IMEs assess, why they're requested, and how to prepare can significantly reduce stress and help you maintain control over your claim outcome.
    CanadaInsurance
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Strategic Relief: A Judge's Intervention To Expedite Justice In Toronto

    Justice Koehnen provides a helpful avenue to get ahead of the current 14- to 20-month wait for motions via case conferences. While the Respondents submitted...
    CanadaMedia, Telecoms, IT, Entertainment
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    When It's Car Versus Bike, It's A Matter Of Physics: How To Fight Back And Get Justice Against A Bad Driver

    Every moving object has kinetic energy. Kinetic energy refers to the energy that is derived by any object being in motion.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Dirt Bikes And The Insurance Requirement Exemption Under The Off-Road Vehicles Act: Beaudin V. Travelers Insurance Company Of Canada, 2022 ONCA 806

    This Ontario Court of Appeal decision stems from an incident in which Michael Beaudin, the respondent, was seriously injured in a motocross competition when he was driving his dirt...
    CanadaInsurance
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Kolapully v. TTC et al., 2022 ONSC 6024

    On October 24, 2022, Justice Sugunasiri released a significant decision regarding non-earner benefits. The court held that non-earner benefits (NEBs) are not related to loss of income and therefore are not to be deducted from income loss awards.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Understanding Deductibles In Income Loss Claims

    In tort claims, a type of pecuniary damages that may be pursued includes past or future loss of income. In some cases, other salary benefits a plaintiff is entitled to may be deducted from the damages owed to a plaintiff...
    CanadaEmployment and HR
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Justice Delayed Is Justice Denied

    The Attorney General's call for submissions on whether to legislate away civil juries is overdue. Well before the pandemic, the years-long delay to obtain a jury trial had been frustrating access to justice.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Sunstroke Prevention And Treatment

    You're soaking up the sun and playing your favourite outdoor sport on a hot afternoon in July. You start to get a bit of headache, but you brush it off and continue playing.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Accident Benefits 101: What Insurers Cover Immediately After A Crash

    Accident Benefits funding is intended to be an immediate source of financial support after a motor vehicle incident in Ontario, yet many people are unaware these benefits exist or assume...
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Drivers Or Cyclists: Who Has The Right Of Way?

    Every driver should be vigilant of cyclists on the road, whether driving in a bustling downtown core or in a quieter suburban neighbourhood.
    CanadaTransport
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    What To Do When Accident Benefits Are Delayed Or Denied In Ontario

    If your accident benefits have been denied in Ontario, you are not alone. Many of those injured in motor vehicle collisions are surprised to learn that the benefits they claimed...
    CanadaInsurance
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    "I Saw That Guy Hit You!"– The Admissibility Of Hearsay Statements

    If you were involved in a collision, it is extremely beneficial to your case if the collision happened in the presence of available witnesses.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Kolapully v Myles Belongs On Your Summer Must Read List

    A riveting review of causation, deductibility and the law of evidence featuring a SPECT twist and Costs commentary that will keeping you entranced until the very last paragraph.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP

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