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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 [...]

By | 2017-08-21T17:57:43+00:00 August 21st, 2017|Blog, General, Insurance Claims|0 Comments

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 [...]

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 [...]

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 [...]

A Refresher on the Rules of the Road

As the days grow warmer and people start riding bicycles more regularly, it is important to refresh our memories on the rules for cyclists travelling on the road. At a minimum, adhering to the rules will help increase the safety of all cyclists. Accidents between cyclists and motor vehicles typically result in serious injuries, especially brain injuries, and are therefore more likely to result in law suits. In such cases, some fault may be attributed to the cyclist if he or she failed to follow the rules of the road, [...]

THREE SINGER KWINTER LAWYERS NAMED TO 2017 CANADIAN LEGAL LEXPERT® DIRECTORY

Once again, Singer Kwinter is proud to announce that three of our lawyers have been selected by their peers for ranking in the 2017 Lexpert® Directory as leading legal practitioners in Canada – Alf Kwinter, Jason Katz and Jason Singer. Congratulations to Alf, Jason and Jason for their hard work and this prestigious recognition in the Canadian legal community.

Ontario Trial Lawyers Association Case Summaries – April 26, 2017

Soczek v. Allstate Insurance Co., 2017 ONSC 2262 Written by Nga Dang / Summaries / April 26, 2017 Although the Defendant succeeded on its summary judgment motion to dismiss a property loss action, Morgan J. comments on the inequity of the exclusion clause and awarded no costs. Released April 13, 2017 | Full Decision [CanLII] In this tragic case, the Plaintiff’s husband burned down their home when he poured gasoline on her and lit her on fire in an attempt to kill her. The Plaintiff suffered serious injuries and burns [...]

By | 2017-05-01T19:01:33+00:00 May 1st, 2017|Blog, General, Personal Injury, property loss|0 Comments

Stay Safe Overseas: Roadblocks of International Injury Cases

Lying on a warm, sunny beach, the waves crashing gently in the distance, a cold drink or a good book by your side… For most, travelling south for a winter vacation away from the cold weather, work, and other responsibilities is a trip to paradise. But travelers should be aware that if an accident or a tragedy strikes, it may be difficult, if not impossible to seek proper compensation for the loss. Standards of acceptable maintenance, safety, and care are not always the same in foreign countries as they are [...]

By | 2017-03-29T20:47:46+00:00 March 29th, 2017|Blog, General|0 Comments

Ontario Trial Lawyers Association Case Summaries – March 17, 2017

Shaw v. Mkheyan, 2017 ONSC 851 Written by Susan Dhaliwal / Summaries / March 17, 2017 This is a threshold motion in which the plaintiff had pre-existing osteoarthritis in his left knee. The plaintiff was successful in establishing the subject car accident caused his asymptomatic left knee to become symptomatic and thus his injuries met threshold. Released February 8, 2017 | Full Decision [CanLII] On January 30, 2017, the jury returned its verdict and awarded $54,500 for general damages, zero for past income loss, $0 for pension loss, $22,500 for [...]

By | 2017-03-17T21:35:59+00:00 March 17th, 2017|Blog, General, Insurance Claims, Personal Injury|0 Comments

Ontario Trial Lawyers Association Case Summaries – March 03, 2017

Wardak v. Froom, 2017 ONSC 1166 (CanLII) This is a motion for summary judgment to dismiss the Plaintiffs’ action in a social host liability case. Released February 17, 2017 | Full Decision [CanLII] The action arises from a 19th birthday party that the Defendants held for their son, Graeme, in their home. The plaintiff, Dean, was seriously injured after he left the party impaired and on foot, then drove and ended up in a single motor vehicle accident. Dean lived down the street from Graeme so he walked to the party. The Defendants [...]

By | 2017-03-23T20:01:54+00:00 March 23rd, 2017|Blog, General|0 Comments