Individuals who have been injured as a result of a motor vehicle accident may have an entitlement to seek general damages, which are also commonly known as non-pecuniary damages or damages for pain and suffering. However, it is important to note that the process of receiving compensation for general damages in Ontario can pose some challenges, specifically due to the annual increase in the statutory deductible, making it increasingly difficult for individuals to be adequately compensated especially for injuries that do not meet the “disappearing deductible” threshold. What are general damages ..read more

Ms. Kellerman-Bernard’s (“NKB”) son was seriously injured in a bike accident. Although NKB did not witness the accident, it traumatized her, resulting in significant psychological and emotional impairments. NKB submitted to her own auto insurer an OCF-19: Application for Determination of Catastrophic Impairment (“OCF-19”)  NKB’s auto insurer disputed her right to submit the OCF-19 and the dispute was adjudicated before the Licence Appeals Tribunal (“LAT”). The LAT adjudicator found that NKB was not entitled to submit an OCF-19 because she was not directly involved in the accident. Followi ..read more

Isaac Dixon was an elite athlete with a bright future. He was a defenceman for the Grand Falls Rapids of the Maritime Junior Hockey League (“MHL”), a junior-A level subsidiary of the Canadian Junior Hockey League (“CJHL”) and Hockey Canada. At 18 years old, his career was brought to a sudden, tragic end. On December 30, 2020, during a game between the Rapids and the Edmunston Blizzard – another MHL team – Dixon was bodychecked against the boards in what was a fairly routine play. Dixon, a defenceman, went to his own corner to retrieve the puck, while a Blizzard forward checked Dixon’s upper bo ..read more

We come on the sloop John B My grandfather and me Around Nassau town we did roam Drinkin’ all night Got into a fight Well, I feel so broke up I wanna go home Sloop John B, Brian Wilson As mentioned in a previous Derfel Injury Law blog, the chances of someone getting injured while on vacation are higher than when they are at home. Vacations are usually taken to places that we are not familiar with or go to very often.  Navigating unfamiliar roads and neighbourhoods and dealing with unfamiliar people, languages and customs can pose challenges that could lead to an unfortunate situation.&n ..read more

Welcome to Florida 101! This is the first in a series of educational blogs for Ontario residents about personal injury law in the State of Florida. Each year, Florida welcomes over 3 million Canadians, most of whom are looking to escape the harsh winter weather and enjoy the year-round warmth of the Sunshine State.[i] That is about 8% of the total population in Canada and over 20% of Ontario’s total population. Further, many of these travellers are either frequent visitors or have residences in Florida. Whether you’re a permanent resident, first-time visitor, or anything in between, it’s impor ..read more

Vacations are meant to be a stress-free break from your normal, fast-paced life that allow you to rest, recuperate, and recharge. However, they do not always turn out this way; unfortunately, you are more likely to get injured while on vacation out of province than in your daily life. Around 15-37% of vacationers experience some kind of injury or illness during an international trip. Getting injured will not only ruin your trip, but also could negatively impact your life once you return home. Florida is a favourite vacation spot for many Canadians, including habitual ‘snowbirds’ and those who ..read more

Ontario is home to roughly one fifth of all the freshwater on Earth. Beyond the Great Lakes, Ontario contains over 250,000 lakes. It’s no wonder why millions of Ontarians take to them each Summer, many by way of boats, or what Transport Canada refers to as “Pleasure Crafts”. With the temperature rising, boats are beginning to crowd Ontario’s lakes. Here’s everything you need to know before getting on the water, so you are compliant with the law and keeping yourself and others safe. Boating Licenses: Pleasure Craft Operator Cards Pleasure Crafts are vessels on the water which are used for “plea ..read more

Blog by David Derfel and Rachel Weitz Leroux v Ontario, 2023 ONCA 314 A young developmentally disabled woman from Timmins has been given the green light to move forward with a potentially ground-breaking class action against the Ontario government.  The Ontario Court of Appeal recently overturned a 2021 Divisional Court decision that dismissed a 2018 class action against the Province on behalf of adults living with developmental disabilities.  The class representative, Brianna Leroux alleges that the Province unfairly denies services and funding for adults in the Province living with ..read more

When riding as a passenger in a motor vehicle, it’s natural to expect to be covered under the owner’s or driver’s insurance coverage. However, a recent decision from the Court of Appeal for Ontario serves as a reminder that not every situation affords passengers that protection in the event of a motor vehicle accident. No permission to drive When the accident occurred, the appellant sustained injuries. He was a passenger in the vehicle, which was being driven by an unlicensed driver. The car was being driven without the permission of the owner. Following the accident, the appellant sued the dr ..read more

When someone is injured in a motor vehicle accident and is seeking damages from another party, it could be years before the situation works its way through the courts. In the meantime, the injured person may still face financial challenges as a result of the accident, such as medical bills. In some situations, the injured party might seek an advanced payment of special damages. But a recent decision issued by the New Brunswick Court of Queen’s Bench shows that securing advanced payment is not an easy thing to do, even if it can be shown that someone is at fault. The accident The accident occur ..read more