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Under Pressure: What If Your Disability Insurer Says You Must Return to Work?
But Your Doctors Say You Are Still Disabled? It is not uncommon for doctors and insurance companies to have differing opinions about returning to work. Usually, the disagreement about eligibility for ongoing long-term disability benefits occurs when the...
Court of Appeal Lays Down the Law on ATVs
The Ontario Court of Appeal has ruled that an ATV is not a farm implement within the meaning of the Compulsory Automobile Insurance Act and therefore has to be insured if used on a public road. A Perth cattle farmer, Arthur Matheson, used his Honda ATV to travel from...
Jenni Lee Campbell of McNally Gervan discusses Calypso Claims on CBC
McNally Gervan lawyer Jenni Lee Campbell appeared on CBC News to discuss one of a series of claims for damages against Calypso Water Park in Limoges. Follow the link to see the story: http://www.cbc.ca/player/News/Canada/Ottawa/ID/2471859650/
Access to Justice Should Be An Election Issue
RESTRICTED ACCESS TO JUSTICE NEEDS TO BE PART OF THE ELECTION DISCUSSION With Ontarians heading to the ballot boxes in less than a month, people are paying heightened attention to what the parties and candidates have to say on issues they care about. For many people,...
When To Sue?: Limitation Periods For Car Accidents and Discoverability
The Ontario Insurance Act sets out various deadlines for when a lawsuit must be started for compensation arising from an injury. These are referred to as limitation periods. For an Ottawa car accident claim, you generally have two years from the date on which the...
Insurer Pays for Not Negotiating in Good Faith
The Insurance Act requires insurers to attempt to settle claims arising from car accidents as “expeditiously as possible." The Act also requires that either party to a motor vehicle action participate in mediation if the other side requests it. But what kind of teeth...
Skiing and Snowboarding Injuries
All experienced skiers know that the sport of alpine skiing comes with some risk of injury. Even beginners are who have lessons are probably aware of there is a code of conduct that is expected of skiers and snowboarders to help reduce the risk of injury and...
Paul Auerbach Discusses Dangerous Sidewalks on CBC’s Ottawa Morning
Paul Auerbach of McNally Gervan LLP appeared on CBC Radio's Ottawa Morning with Robyn Bresnahan. Listen to the interview here: http://www.cbc.ca/video/player.html?clipid=2429229277&position=9241&site=cbc.news.ca
What You Need to Know About Snowmobiles
The rising popularity of snowmobiles is not hard to understand. They provide access to Ontario's stunning back country during the winter months and are both fun and (comparitively) inexpensive to operate. But just like motorcyclists, snowmobile riders and...
New Concussion & Mild Traumatic Brain Injury Guidelines Should Help Accident Victims Obtain Treatment
New Guidelines for Concussion/Mild Traumatic Brian Injury and Persistent Symptoms were recently released by the Ontario Neurotrauma Foundation. The lead author is Dr. Shawn Marshall, from the Ottawa Hospital, Rehabilitation Clinic. The guidelines are aimed at...
Time Limits To Dispute Denial of Short or Long Term Disability Claims
If you are injured in an accident or suffer a sickness/illness that prevents you from attending work, you may have access to short-term and long-term disability coverage through your employer or other private insurance coverage. This coverage replaces your income...
Summary of Accident Benefits Available
Most people who are injured in a car accident have no idea what their rights are or what benefits they might be entitled to receive. This is a summary only. It is always a good idea to speak with a lawyer who specializes in accident claims to make sure that you are...