Making the Case

Insights, opinions and thoughts from the Singer Kwinter legal team.

Veronica S. Marson May 29, 2018 By Veronica S. Marson

GETTING LEGAL: Ontario bill seeks to increase penalties for drivers who injure cyclists

A new bill is seeking to toughen penalties for drivers who injure or kill cyclists, pedestrians, and other vulnerable road users in Ontario. Bill 158, Protecting Vulnerable Road Users Act, 2017, is a private member’s bill which was introduced by former MPP Cheri DiNovo. It is intended to penalize drivers who violate Highway Traffic Act rules around driving while using a cell phone, driving while unlicensed, driving while intoxicated, speeding, careless driving, disobeying signs or lights at intersections or pedestrian crossings, proper signalling, sharing the road with other users, safety near emergency vehicles, […]

Jason Singer March 29, 2018 By Jason D. Singer

Why you should hire an OTLA Lawyer?

Jason Singer is on the OTLA Board of Directors. His blog was originally distributed in the March 28, 2018 edition of the OTLA newsletter. “Trying to decide which lawyer to hire to help you and your family following a car accident or other personal injury claim?  There are many excellent questions and considerations that should go into making this important decision.  Experience, reputation, price and comfort will likely be part of that decision-making process.  But another important question to ask is whether your prospective lawyer is a member of the Ontario […]

Jason Singer March 26, 2018 By Jason D. Singer

Douglas v. Stan Fergusson: Subrogated claims of a bankrupt insured

Did you ever wonder how an insurer can bring a subrogated claim where the insured goes bankrupt?  Probably not, but the answer turns out to be more complicated and controversial that you might think. In Douglas v. Stan Fergusson Fuels, the Ontario Court of Appeal convened a five judge panel which split 3-2, overturning the Divisional Court’s finding (after leave was granted) which had upheld the motion judge’s decision.   If you are counting, that is ten judges weighing in on this issue.  It is possible that Supreme Court may have […]

Nga Dang February 11, 2018 By Nga Dang

Ontario Trial Lawyers Association Case Summaries – February 4, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA February 4th, 2018 newsletter. Liu v. The Personal Insurance Company et al, 2018 ONSC 324 (CanLII) This is a motion to withdraw an admission made during oral submissions at a previous summary judgment motion and to amend certain paragraphs of that summary judgment decision. Date Heard: December 8, 2017 | Full Decision [PDF] In June 2017, Sutherland J. heard a summary judgment motion brought by The Personal, the Plaintiff’s motor vehicle insurer, for a declaration that […]

Jason Singer October 13, 2017 By Jason D. Singer

Do you have a Fire Safety Plan?

This week from October 8 to October 14, 2017, marks Fire Prevention week across Canada. This year’s theme is “Every Second Counts : Plan 2 Ways Out!” Do you have a fire safety plan for your home? If you have a fire, how will you get out safely? How will you get your loved ones out? Where will you meet to make sure everyone is accounted for? What steps have you taken to prevent fires from occurring or spreading in your home? Chances are if you are like most Ontarians […]

Shane H. Katz August 21, 2017 By Shane H. Katz

Critical Disclosure in an Insurance Application

Written by Shane Katz / Insurance / August 17, 2017 Completing an application for life or disability insurance can be daunting. An applicant faces questions about their health history, addressing medical issues that the applicant may not fully understand or be aware of. The applicant may be inclined to answer the questions as quickly as possible or rely on a third party to answer the questions to hasten the completion of the application. As a result, most life and disability insurance claim denials are because of misrepresentations: non-disclosure of material facts on applications. Therefore an applicant must […]

Veronica S. Marson June 19, 2017 By Veronica S. Marson

GETTING LEGAL: Municipality Found Responsible for Bike Park Injuries

A recent Ontario court case found a municipality liable for an accident that happened at a public mountain bike park. In Campbell v. Bruce (County), the Court dealt with an accident that happened in Bruce County, when a 43-year-old man broke his neck while trying to cross a wooden teeter-totter obstacle called the “Free Fall”. The man, who had extensive mountain trail experience, had gone to the park with his wife and two children. He completed an easy obstacle before attempting the “Free Fall”, which required bikers to not travel […]

Shane Kwinter June 12, 2017 By Shane Kwinter

GETTING LEGAL: Drinking and Riding – a bad idea, but is it illegal?

We were all taught from an early age to never drink and drive. But is it illegal to drink and ride a bicycle? The answer is actually not as straightforward for bicycles as it is for cars. Impaired operation of a motor vehicle is regulated under the Ontario Highway Traffic Act and the Criminal Code of Canada. There is a licencing system which teaches drivers who to drive and that drinking and driving is prohibited.  Police are empowered to conduct random spot checks looking for drunk drivers and can charge […]

Jason Singer June 8, 2017 By Jason D. Singer

Ontario insurers continue to profit from victims of arson

A string of disturbing cases has highlighted a troubling trend of injustice for Ontario homeowners who are victims of arson. Collingwood After a heated argument, a Collingwood woman told her husband that their marriage was over. In response, he set fire to their bedroom, causing $160,000 in damage to the house. Thankfully, no one was hurt. When she attempted to claim her insurance coverage to pay for repair costs to her home, her claim was denied. Allstate had placed an exclusion in the policy which prevented claims resulting from intentional […]

June 5, 2017 By Susan Dhaliwal

GETTING LEGAL: Brain Injury Awareness and Bike Safety

On our crowded Toronto streets, bicyclists inevitably face a higher risk of being involved in an accident compared to an occupant of a motor vehicle. Add to this increased risk the reality that the object into which the bicyclist impacts is either a 3,000lbs vehicle or unforgiving pavement and the results can be severe and devastating injuries.  While proper bike safety is always important all year around, its importance is especially highlighted in June during Brain Injury Awareness month in Ontario. According to the Ontario Brain Injury Association, brain injuries are the […]