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Court Rules that Accident Involving a Parked Vehicle is Covered byAuto Policy
In Economical Mutual Insurance v. Caughty, the Ontario Court of Appeal considered whether a person who tripped over a parked motorcycle was entitled to statutory accident benefits (SABS). Mr. Caughty was camping with his family and parked his trailer at a campsite....
Waivers and Recreational Sports
Lots of sports and recreational activities involve a degree of risk. The risk of course is that somebody will get hurt. That's why we are all asked to sign waivers before many activities, especially where we are paying for the fun and excitement. The recent decision...
Passengers Have Rights Too
Injured Passengers If you are a passenger in a car accident you will be entitled to claim Statutory Accident Benefits to cover the costs of medical and rehabilitation treatment, income replacement and other benefits that are provided under the standard Ontario...
Chronic Pain is not a Minor Injury
A recent decision of an arbitrator has confirmed that chronic pain syndrome can be enough to get an accident victim out of the Minor Injury Guideline. Under the guideline accident victims are entitled to significantly reduced medical and rehabilitation benefits....
Insurers Play Hardball at Their Peril
A decision of the Ontario Superior Court has reinforced that automobile insurers cannot take unreasonable settlement positions in lawsuits. If they do, they may face cost consequences at the end of the day. After a jury verdict was handed down in a chronic pain case,...
ATV Laws are Changing
For many years most of ATVs and recreational vehicle operators have not been permitted to use public roads. Starting on July 1, 2015, the province is making changes to permit certain types of vehicles to use the shoulder of public roads and they have implemented...
McNally Gervan’s Jaimie Wilson on CBC Radio
Jaimie Wilson appeared on CBC news recently to discuss the risks of leaving your home unattended for even a few days. Most people don't read the fine print of their homeowner's policies and are often surprised to find out they are not always covered while they're...
McNally Gervan adds new Ottawa Lawyer
We are excited to announce that effective April 1, 2015 lawyer Jaime Wilson has joined our McNally Gervan team. Jaime attended the University of Ottawa and received an Honours B.A. before going on to study law at Dalhousie University in Halifax. She received her...
The Stress Caused By Injuries Affects The Whole Family
At McNally Gervan LLP, our Ottawa-based accident lawyers have helped thousands of people who have been injured in car accidents, slip and falls, and defective products. Unfortunately, many of our clients are left with permanent injuries that leave them unable to...
What Is Objective Evidence of Chronic Pain?
Court Concludes that Orthopaedic Insurer Examinations Have Little Value in Chronic Pain Cases One of the more frustrating aspects of practicing in accident benefits law that that insurance companies repeatedly send claimants who have soft tissue, chronic pain injuries...
Is Your Facebook Page Evidence?
Many people have referred to social media as the new surveillance. Lawyers for insurance companies are often trolling social media websites like Facebook to find any information on injured individuals which they believe could undermine their claim. The question of...
On the Water: What You Should Know about Boating Accidents and Injuries
Boating injuries and deaths that occur in Canada are generally governed by the Marine Liability Act because maritime law in Canada is federal jurisdiction. Typically, accidents that occur in the rivers and lakes around Ottawa will subject to the Marine Liability...