Watch That Slip And Fall!
[vc_row][vc_column][vc_column_text]December 16, 2014 By Brian Babcock Better still, do something to prevent slip and fall injuries. With snow and cooler temperatures returning to Thunder Bay after a mild spell, the risk of a fall is high. A simple slip on ice can cause devastating injuries to anybody, but especially to our aging population. Human decency suggests […]
What’s It Worth? Damages For Personal Injury.
[vc_row][vc_column][vc_column_text]November 7, 2014 By Brian Babcock The first question just about every injured client asks their lawyer is “what’s it worth?” Often, it is months or even years before we have an answer to that question. In Ontario, we do not assess damages for pain and suffering or loss of enjoyment of life on a “meat […]
Automobile Liability Insurance Coverage: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]September 29, 2014 By Brian Babcock 1. If I am sued in an auto accident injury case, will my insurance company defend me in court? The Ontario standard automobile policy, and the Insurance Act, require liability coverage as the basic coverage in every policy. Under that part of the policy, it is your insurer’s obligation to provide […]
Waivers Of Liability: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]August 27, 2014 By Brian Babcock 1. What is a waiver of liability? A waiver is a document by which a person gives up something, such as a right to sue for injury. Waivers are very common in recreational activities, but might also be found in everything from medical treatment to cooking classes. 2. What is the difference […]
“Bad Faith” Insurance Claims
[vc_row][vc_column][vc_column_text]August 6, 2014 By Brian Babcock Insurance policies are a special sort of contract which courts have described as “peace of mind” contracts. That is, part of what we pay for in our premiums is the confidence that, in the event of a loss, we will be treated fairly. Another way that this is sometimes put […]
What Is An Apology Worth?
[vc_row][vc_column][vc_column_text]July 16, 2014 By Brian Babcock Injured or aggrieved people are often looking for more than money as compensation for being wronged, and this is especially true where the damage is to a person’s reputation or personal dignity. This fall, I am teaching Remedies at Lakehead University Faculty of Law, and one of the topics I will […]
Punitive Damages: A Top Ten FAQ
July 9, 2014 By Brian Babcock 1. What are punitive damages? Punitive damages are amounts awarded in tort or occasionally in contract cases to punish a wrongdoer for particularly bad behaviour, to promote respect for the law and provide deterrence, that is, to discourage both the wrongdoer and others from repeating the bad behaviour. 2. Are they awarded […]
What Is A “Slip And Fall” Injury?
[vc_row][vc_column][vc_column_text]June 11, 2014 By Brian Babcock What is a “slip and fall” injury? Slip and fall is the term lawyers, judges and others involved in tort claims use to describe injuries which occur when someone slips, trips or falls. The injury might result from falls caused by: water ice or snow debris wet floors abrupt changes […]
April Showers and Insurance
[vc_row][vc_column][vc_column_text]March 19, 2014 By Brian Babcock Massive winter snowfalls in Thunder Bay increase the risk of spring flooding. We hope for a smooth and gradual melt, but if the worst happens, are you prepared? A few things to know about flooding and insurance: Most property insurance does NOT cover flooding. Each insurance policy is different and […]
Changes To Ontario Accident Benefits Will Affect Your Next Renewal
[vc_row][vc_column][vc_column_text]November 2, 2010 By Brian Babcock Effective September 1, 2010 the Ontario standard form automobile policy changed, for the fourth – or perhaps fifth – time in twenty years, to conform to new regulations relating to statutory accident benefits (sometimes referred to as “no fault benefits”). These are the benefits paid beginning immediately after an accident […]