LAW RESOURCES & NEWS

What if you discover a disability after you’ve been fired?

The circumstances under which a former employee could still make a long-term disability claim after leaving his or her position have not always been well defined. Specifically, whether an employee who was injured while under the policy, but only discovered the long-term effects of that injury after leaving that position, would still be able to claim LTD benefits has been unclear. The Ontario Court of Appeal provided some guidance for this in its recent decision of MacIvor v. Pitney Bowes.

Read More »

Medical Malpractice: Do I Have A Case?

Do I have a medical malpractice case? That question is asked of many lawyers daily in this province. Unfortunately, the answer is often no! Mainly, because a poor result of a procedure or treatment doesn’t necessarily mean someone screwed up.

Read More »

The Estate Information Return: A Review

Since January 1, 2015, anyone who has been issued a Certificate of Appointment of Estate Trustee has been required to file the Estate Information Return (“EIR”) with the Ministry of Finance within 90 days of the Certificate being issued.As it is now just slightly more than 4 years since this requirement came into play, it seems as good a time as any to reflect on the process and what could be improved.

Read More »

Victim of Crime? Obtaining Compensation in Criminal Proceedings

Periodically I am contacted by someone who has been a victim of a criminal offence. As a personal injury lawyer my job is to obtain compensation for the victim for the damages caused by the criminal. In addition to the civil remedies (e.g., filing a lawsuit, questioning the perpetrator at discovery, etc.) there is also a little-used section of the Criminal Code which can be very effective in obtaining at least partial compensation for victims of crime.

Read More »

The Rules, They Are A Changin…

Government amended the Rules of Civil Procedure related to cases with damages of $200,000 or less. While lawyers are not exactly known for being open to innovation, these changes should be embraced by the personal injury bar.

Read More »

CPP Disability Benefits

When someone suffers a significant injury and disability, she understandably typically focuses on the benefits to which she may be entitled from insurance companies (e.g., Income Replacement Benefits and Long-Term Disability Benefits). What is sometimes overlooked is the monthly Canada Pension Plan (CPP) Disability Benefit which can provide a much-needed financial safety net to protect the injured person and her family.

Read More »

I Just Signed My Will – Now What?

So, you have just signed your will and powers of attorneys – now what should you do? You have already done the hard work of deciding what you want to do with your estate and finalizing the documents, but there are still some tasks for you tackle

Read More »