Blog

A recent article published by CBC.ca describes a family in Winnipeg whose five-year-old daughter was attacked by two dogs belonging to a neighbour. While that situation is governed by the laws of Manitoba, it illustrates that a dog bite can occur in even the simplest of circumstances. In Ontario, the Dog Owners' Liability Act says...

A recent arbitration decision by the Financial Services Commission of Ontario (FSCO) has ruled that the Minor Injury Guidelines within the Statutory Accident Benefits Schedule (SABS) are unconstitutional. In the decision, Abyan and Sovereign General [FSCO A16-002657], Arbitrator Benjamin Drory was asked to consider whether Sections 3 and 18 of the SABS unjustifiably infringe upon...

As most Canadians know, the legal blood-alcohol content (BAC) limit for drivers is 80 milligrams of alcohol for every 100 millilitres of blood, or 0.08%. However, as the Toronto Star reports, that may change in the not-so-distant future as the federal government explores whether to lower the legal limit to 50 milligrams per 100 millilitres...

It is a common legal principle in civil law that the party that loses a case must pay at least some of the winner's costs, which can include legal fees and disbursements. This is based on the tenant of access to justice, which allows anyone regardless of economic resources to advance a claim against a...

Annual Traffic-Related Fatalities per 100,000 Inhabitants - 2013 ( Canada 6.0) Source: Wikipedia (https://goo.gl/qp3bxr)

In September of 2010, the Statutory Accident Benefits Schedule (SABS) were amended with respect to Costs of Examinations.  A cap of $2,000.00 was placed on each assessment completed, either for the insured or the insurer. This cap has proven difficult for some more complex assessments, including neuropsychological assessments.  In order to obtain a reliable assessment...

On April 1, 2016, all disputes for accident benefits from motor vehicle accidents in Ontario were moved into a new system through the License and Appeals Tribunal (LAT) through the Ministry of the Attorney General. With a new system came new rules on the dispute resolution process. One of the most concerning is Rule 19,...

On December 7, 2016, the Honourable Mr. Justice Skarica released his Reasons for Judgment after a trial before him in Hamilton. This action arose from a tragic motor vehicle accident which resulted in the Plaintiff (our client) being rendered a quadriplegic. The losses and damages suffered by the Plaintiff were considerable. The trial proceeded before...

The lawyers, paralegals, and staff at Smitiuch Injury Law continue to fearlessly advocate for their clients at both trials and arbitrations. It is the philosophy of the firm to take cases to trial where the other side fails to make a fair and reasonable settlement offer. We have conducted numerous trials and arbitrations in recent...

The seriousness of concussions cannot be overstated. Health care providers are becoming more aware of the effects of concussions (also known as Acquired Brain Injury - ABI).  What was once a, "get up and shake it off" occurrence, has now become a proper assessment with protocols for monitoring the status of the individual as they...