On April 1, 2016, all disputes for accident benefits from motor vehicle accidents in Ontario were moved into a new system through the License and Appeals Tribunal (LAT) through the Ministry of the Attorney General. With a new system came new rules on the dispute resolution process. One of the most concerning is Rule 19,...
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Chiocchio v. City of Hamilton et al.
On December 7, 2016, the Honourable Mr. Justice Skarica released his Reasons for Judgment after a trial before him in Hamilton. This action arose from a tragic motor vehicle accident which resulted in the Plaintiff (our client) being rendered a quadriplegic. The losses and damages suffered by the Plaintiff were considerable. The trial proceeded before...
Read MoreFearless Advocacy - The Dabor Trial
The lawyers, paralegals, and staff at Smitiuch Injury Law continue to fearlessly advocate for their clients at both trials and arbitrations. It is the philosophy of the firm to take cases to trial where the other side fails to make a fair and reasonable settlement offer. We have conducted numerous trials and arbitrations in recent...
Read MoreConcussions - Not a "get up and shake it off" injury
The seriousness of concussions cannot be overstated. Health care providers are becoming more aware of the effects of concussions (also known as Acquired Brain Injury - ABI). What was once a, "get up and shake it off" occurrence, has now become a proper assessment with protocols for monitoring the status of the individual as they...
Read MoreSeven Greatest Fictional Lawyers
Seven Greatest Fictional Lawyers 1.Atticus Finch (Gregory Peck) - To Kill a Mockingbird 2. Vincent "Vinny" Gambini (Joe Pesci) - My Cousin Vinny 3. Elle Woods (Reese Witherspoon) - Legally Blonde 4. Harvey Specter (Gabriel Macht) - Suits 5. Arthur Kirkland (Al Pacino) - And Justice for All This is one of the articles from...
Read MoreCatastrophic Impairment Denial Not Subject to Limitation Period
Because a catastrophic impairment designation is not a benefit", as defined under the Statutory Accident Benefits Schedule (SABS), there is no time limitation for disputing an insurer's denial. On January 6 2009, Zofia Machaj submitted an Application for Determination of Catastrophic Impairment (OCF-19) to RBC Insurance. After conducting insurer's examinations, RBC responded on May 25, 2009,...
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