Toronto Personal Injury Settlement Guide
When an individual is injured due to another person's negligenceor has been wrongfully denied benefits under an insurance policy, they may have the right to pursue a personal injury settlement in the province of Ontario. Settling a personal injury claim can be a complex process, and the outcome of an individual case can depend significantly on the specific circumstances involved....
Continue readingBenefits of Hiring A Personal Injury Lawyer
You probably don't feel like you have anything left to live for when you've been seriously hurt or when an insurance company has unfairly denied your claim. Personal injury can take a toll on you and your loved ones. However, no matter how overwhelming it may seem, hiring a personal injury lawyer in Ontario will help you move forward with your life again. Here are some of the benefits of hiring a personal injury lawyer to help you with your case....
Continue readingCOURT OF APPEAL FOR ONTARIO
[et_pb_section fb_built="1" _builder_version="4.16" custom_margin="0px|0px|0px|0px|true|true" custom_padding="0px|0px|0px|0px|true|true" global_colors_info="{}"][et_pb_row _builder_version="4.16" width="100%" custom_padding="3px|||||" global_colors_info="{}"][et_pb_column type="4_4" _builder_version="4.16" global_colors_info="{}"][et_pb_image src="http://rotondolaw.com/mrclone/wp-content/uploads/2020/05/IMG-20200511-WA0012.jpg" title_text="IMG-20200511-WA0012" force_fullwidth="on" _builder_version="4.16" global_colors_info="{}"][/et_pb_image][et_pb_text _builder_version="4.16" text_line_height="1.8em" global_colors_info="{}"] COURT OF APPEALFOR ONTARIO CITATION: Natario v. Rodriguez, 2015 ONCA 227 DATE: 20150402 DOCKET: C59864 Gillese, van Rensburg and ParduJJ.A. BETWEEN Maria Natario Plaintiff (Respondent) and Manuel Rodriguez and Lucia Goncalves Defendants (Appellants) K. Sherkin and C. Ryan Wozniak, for the appellants P. Michael Rotondo and Vahe Avagyan, for the respondent Heard:April 1, 2015 On appeal from the orderofJustice Howdenof the Superior Court of Justice, dated December 12, 2014. APPEAL BOOK ENDORSEMENT [1]The plaintiff (“respondent”) commenced an action against the defendants (“appellants”) seeking damages for a fall she allegedly sustained in the appellants’ premises. The action...
Continue readingCourt & Arbitration Decisions
[et_pb_section fb_built="1" _builder_version="4.4.5" custom_margin="0px|0px|0px|0px|true|true" custom_padding="0px|0px|0px|0px|true|true"][et_pb_row _builder_version="4.4.5" width="100%" custom_padding="3px|||||"][et_pb_column type="4_4" _builder_version="4.4.5"][et_pb_image src="http://rotondolaw.com/mrclone/wp-content/uploads/2020/05/Gavel-Pattanaphong-Khuankaew-_-Dreamstime-800x450-1.jpg" title_text="Gavel-Pattanaphong-Khuankaew-_-Dreamstime-800x450" force_fullwidth="on" _builder_version="4.4.5"][/et_pb_image][et_pb_text _builder_version="4.4.5" hover_enabled="0"] Court Decisions Case Citation: Kudwah v. Centennial Apartments, 2012 ONCA 777 (CanLII) Issue: Discoverability Level of Court: Court of Appeal for Ontario Case Citation: Natario v. Rodriguez, 2015 ONCA 227 (CanLII) Issue: Amendments to pleadings / proper forum for Appeal. Level of Court: Court of Appeal for Ontario Case Citation: Natario v. Rodriguez, 2020 ONSC 2768 (CanLII) Issue: Security for Costs Level of Court: Ontario Superior Court of Justice Case Citation: Morante-McRae v. King, 2013 ONSC 2200 (CanLII) Issue: Summary Judgment. Level of Court: Ontario Superior Court of Justice Case Citation: Zhau (Litigation guardian of) v. 2100950...
Continue readingUninsured Motorist Coverage
[vc_row triangle_shape="no"][vc_column][vc_column_text css=""]Uninsured Motorist Coverage offers a layer of protection in the event that a person sustains injury due to the negligence of the owner or operator of a motor vehicle that is uninsured or is unidentified. Coverage is mandated by section 265 of the Insurance Act in the amount of $200, 000.00 - which is the minimal insurance liability limits in Ontario. With this form of coverage, your insurer essentially “steps into the shoes” of the uninsured or unidentified motorist. By the operation of what is often referred to as the “1% Rule,” in the event that an injured party...
Continue readingWrongful Dismissal
[vc_row triangle_shape="no"][vc_column][vc_column_text css=""]With the exception of “just cause,” or an unlawful termination of the employment relationship, an employer must provide adequate notice of termination to an employee, or alternatively provide payment to the employee in lieu of notice. The employee would be wrongfully dismissed where the employer lacked just cause to terminate the employee and did not provide sufficient notice or payment in lieu of notice. At common law, there are numerous factors that are considered in determining the appropriate length of the notice period in the exercise of calculating the compensation that a dismissed employee is entitled to. Since the...
Continue readingMotor Vehicle Accident Tort Claims
[vc_row triangle_shape="no"][vc_column][vc_column_text css=""]Tort actions arising from motor vehicle accidents in Ontario are legislatively filtered through rules specifically aimed to limit the volume of claims proceeding through our court system. Filtering tort actions takes place with what is informally referred to as a “verbal threshold” and a “monetary threshold”, which apply to the intangible claim of non-pecuniary damages or pain and suffering. To succeed in the pain and suffering component of a tort action claim, a defendant through their insurer may take the position that the claim “does not meet the threshold”. The verbal threshold consists of statutory language under the Insurance Act...
Continue readingDisability Insurance
[vc_row triangle_shape="no"][vc_column][vc_column_text css=""] Disability insurance is a type of insurance that courts have described as providing “peace of mind” to insured consumers. Peace of mind policies are intended to reduce stress and anxiety about what can potentially happen in the future. Disability policies can generally take on two forms: individual policies issued directly to a policy holder, or group policies which are typically issued by an insurance company to an employer for the benefit of employees. Disability policies can provide short-term or long-term disability coverage. Short-term disability policies usually provide coverage for up to six months before long-term disability coverage takes effect. In...
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