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Important Decision about ATVs and Insurance
An Ontario judge has ruled that a Perth farmer can sue and can get access to certain insurance benefits in connection with a 2008 accident, even though the all-terrain vehicle (ATV) he was driving was not insured at the time of the accident. The Insurance Act...
Important Accident Benefit Decision
In September 2010 the Ontario government slashed the medical benefits you could get under your car insurance policy for injuries suffered in a motor vehicle accident. The $100,000 limit for treatments (those not covered by OHIP) was reduced to $50,000. For accident...
What is the “Threshold” in a Car Accident Claim?
Frank was invited to present a paper entitled “Threshold Refresher” at the Ontario Trial Lawyers Association Conference which took place on May 30 and 31, 2013 in Toronto. The “threshold” is the criteria that an injured individual must demonstrate in order to receive...
Important Decision on Catastrophic Impairments
In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a claimant be considered markedly impaired in more than one area of life to be...
What Is Bad Faith?
You purchase insurance coverage for a variety of reasons. Sometimes because it is mandated by law, sometimes it is to protect your family or assets, and sometimes it is to provide you with peace of mind that you will be taken care of if something goes wrong. In the...
What To Do If You Have a Car Accident
What Should I do If I'm Involved in a Car Accident? The first thing to do when involved in an Ottawa car accident is stop. If you don’t stop you are at risk of being charged with a criminal offence. The next thing to do is call 911. You should call 911 if anyone...
A New Member Has Joined the Team!
McNally Gervan LLP is pleased to announce that Cecile Clarke has joined the firm as a law clerk and will be working directly with Paul Auerbach. Cecile graduated with honors from Algonquin College's law clerk program, where she was awarded the Borden Ladner Gervais...
Cracking the Minor Injury Guidelines
In September 2010, there were a number of significant changes to the Statutory Accident Benefits Schedule (SABS). In our experience, the Minor Injury Guidelines (“MIG”) has had the greatest impact on car accident victims. It has significantly restricted injured...
Do I Have Enough Insurance?
Insurance Brokers and Insurance Agents are the professionals that we count on to advise us about the different insurance policies and coverages that are available to protect our businesses and our families from fires, car accidents and disability. Not all insurance...
Optional Automobile Coverage
If you are hurt in a car accident, you may be entitled to benefits under your own automobile policy. This does not depend on another driver being at fault for the accident. These benefits are commonly referred to as "no-fault" benefits. The possible benefits available...
The Duty to Defend
Your car insurance policy requires your insurer to hire a lawyer to defend you if you are sued. But what if your insurer offers to pay your liability limits and then walk away? In a recent case that's exactly what happened. Mr. Malaviya had chosen to have just the...
Ottawa’s newest law firm, McNally Gervan Lawyers
We introduce, McNally Gervan Lawyers, a law firm comprised of highly experienced lawyers and law staff to provide you with help when you need it the most. Most legal problems happen suddenly. We do not expect to be involved in a car accident. We do not expect to lose...