Personal Injury Law

If you are suffering from an injury or medical condition that has rendered it impossible for you to work, you may need to start by identifying which benefits you qualify for. This article provides a step-by-step look at what disability benefits are available in Ontario - click to read more.

We all want to avoid a dangerous motorcycle accident and personal injury. Motorcycle accidents result in severe personal injuries, permanent impairment, and death more often than other vehicle accidents. This post provides some top tips to help you enjoy the ride. Read and learn more.

Whether you are liable or seeking compensation for damages, a slip and fall case can cost tens of thousands of dollars. Know the law and costs of initiating a case, working with a Hamilton personal injury lawyer, and going to court to determine if a trial or settlement works best. Read this post to learn more.

In almost all car accidents, you must prove who was responsible. While it may seem obvious, just saying so isn’t enough for insurance companies. By supporting your side of the story, you can make an argument to your insurer to seek maximum compensation. Read this post to learn more.

If you are involved in a car accident in Ontario, report it as soon as possible. Remain at the scene and check to see if anyone is injured or if there is any damage. If someone is injured and/or the combined damage is over $2,000 it must be reported. Read this post to learn more.

It is important to know that both property occupiers and owners have a legal responsibility to avoid exposing lawful visitors to any risks on the property. It is important to keep the property safe. What constitutes a dangerous property? Read this post to learn more.

Ontario’s Limitations Act, 2002, gives you two years to begin legal action on a personal injury claim. Its provisions and exceptions are confusing, and amendments have been made over the years, but law firms in Hamilton assess your situation so an accident lawyer can help win your case. Read this post to learn more.

After a personal injury, you may be entitled to up to approximately $364,000 in non-pecuniary damages (pain and suffering) to compensate for pain, stress, loss of enjoyment of life, and more. Ontario courts can assess your injury or a personal injury lawyer can estimate your claim. Read this post to learn more.

Do you have a personal injury claim? Then don’t just settle for any attorney. You need accident lawyers with the right education, background, and experience who know your rights, the process for reaching a settlement, and getting the compensation you deserve. Read this post to learn more.

Surgical negligence is not to be taken lightly. We trust medical professionals to take care of us and adequately warn us of risks and complications. We expect them to operate on the correct area of our bodies, and with equipment that is in working order. We trust surgeons with our lives. Read this post to learn more.

Motorcycle crashes happen anywhere, for many reasons, but you’re most vulnerable at an intersection, where drivers are making left turns and don’t see you. Errors by other drivers are often to blame, but paying attention, riding safely, and wearing riding gear can lower your risk and liability. Read this post to learn more.

Whether you have suffered a spinal injury as a result of a car accident, an accident at home or another cause, the impact on your and your family’s life can be devastating. When the injury occurs at the hands of a medical professional, it can be particularly devastating. Read this post to learn more.

You’re in good standing with your insurance company, but they have just rejected a claim for your personal injury – that does not mean you are not entitled to any benefits or money. Fight their decision by contacting a personal injury lawyer. Read this post to learn more.

Canada has one of the lowest accident fatality rates of any country, but distraction, fatigue, alcohol, and aggressive driving put millions at risk. Road safety awareness can reduce the risk of personal injury and unnecessary accidents that can put your life and legal status in jeopardy. Read this post to learn more.

If you have tripped, slipped, and had a fall on another person’s property, an experienced personal injury attorney can help you seek the compensation you may be entitled to for your pain and suffering and any other damages that you may have suffered, including loss of income. Read this post to learn more.

While they may not be as frequent as other kinds of vehicle accidents, it has been reported that there are up to 35 times more deaths from motorcycle accidents in Ontario compared to car accidents. Read this article to learn about the most common types of motorcycle accidents, and what to do if you've been injured.

If you have sustained injuries or other complications after medical treatment and you have reason to believe that the facility or doctor played a role in your injuries, you may have a case and will need an expert medical negligence lawyer to help. Read this article to learn about the lawsuit litigation process, and know what to expect.

If you have suffered injuries from a slip or trip and fall, you may be wondering how long it could take to resolve the matter and claim the compensation you may be entitled to. Depending on a range of factors, it can take anywhere from a few months to several years to resolve. Read this article to learn about the lawsuit litigation process, and know what to expect.

In alcohol-related accidents, the drunk driver is at fault, but he’s not alone. The list of culpable parties extends beyond the drinker, though to those who served the drunk driver. Is it possible to hold everyone involved responsible? Read this article to learn how to hold others accountable.

Unfortunately, slips, trips, and falls are one of the most common forms of personal injury in Ontario. This article discusses the prevalence of slips and falls and the long-term health consequences that victims endure due to these accidents. The good news is that Mackesy Smye Lawyers can help.

Public transit is popular in Hamilton because it’s clean, affordable, reliable and good for the environment, however what most riders aren't aware of is that accidents involving public transit under Ontario Insurance laws, aren’t considered an accident. Read this article and learn more.

It’s the nightmare scenario – traveling from floor to floor in a high rise building when the elevator shudders, coming to a sudden halt. Concern turns to panic as minutes seem like hours waiting for help, while worrying about the elevator failing & plunging to the bottom floor. If you’ve suffered anxiety or injury in an elevator failure, read this article to learn your options.

Pedestrian accidents are an increasing problem throughout Canada. According to Metro Toronto, 2015 was one of the worst for pedestrian fatalities in the City of Toronto (38) and this year is on track to be close to that number with 23 pedestrian deaths by midyear.

Winter is here in Ontario and everyone from the Farmer's Almanac to Environment Canada agrees: the weather will be cold and snowy in 2017. No one agrees on how cold or how much snow we’ll have, but from all accounts, we can count on both. Unfortunately, regardless of weather, most of us must commute daily, driving in wintry weather often on poor road conditions.

Filing a disability claim can be frightening not only due to your injuries but also because of the implications that may be inferred by peers and future employers. If the injury occurred due to a workplace conflict, a personal injury lawyer in Hamilton can help you and ensure that you get through it with ease. Read this article and learn how.

The Financing Condition - Before a home buyer begins looking for housing, the buyer should visit a mortgage lender to pre-qualify for a loan or receive pre-approval. Pre-qualification is a less formal process than pre-approval.

Let us consider this simple scenario: a minivan driver rear-ended Lynn, 46, when she was driving home from her job. After a brief hospital stay, Lynn has chronic low back pain that does not respond to medication.

Dependent Support with a Will in Place - If you have a will in place and you are supporting your spouse and dependent children at the time of your death, support probably continues for them.

A married couple visits the in-laws for Sunday dinner. Mom prepares her specialty: chicken paprikash with imported Hungarian paprika. Dinner smells terrific.

Whether you slipped or tripped while on someone else’s property or your personal injury was the result of carelessness on your part, the fact of the matter is that slip and falls often result in long-term health consequences.

In the month of August 2016, Health Canada’s Consumer Product Safety division issued 101 product recalls; that’s 23 consumers, 27 food and 15 health products as well as 36 vehicles.

As the temperature gets warmer, many Canadians begin to make travel plans for their summer vacations.

In 2014, 481 people died in car accidents on Ontario’s roads and 47,518 people were injured.

When people choose to buy a property, factors like the location, construction and appearance are not the only criteria to affect the purchase price.

If you own property, proper estate planning is important. Estate planning involves the transfer of assets including property and wealth to individuals or institutions before or after death. Some of the common tools used in estate planning include Wills, Trusts, Power of Attorney and more.

If your child is like one in five Canadian children, he or she’s visited the doctor for x-rays and left the clinic with a bright pink or fluorescent green cast on their arm.

Building a new home, or completing any major renovation project is likely to be one of the biggest financial commitments of your life, and is not something most of us can afford to get wrong.

The element of consent is a critical issue in medical treatment. In Canada, every individual has a legal right to personal autonomy and self-determination.

The issue of potential prejudice and discrimination can often present itself in the course of employment interviews. Some employers may choose to ask personal questions during the interview process.

With the onset of spring and summer, many people across Ontario will choose to take advantage of sunny weather and walk to their destination.

If you are an owner of a property in Ontario, you are ultimately responsible for complying with all building requirements. Costly construction delays, legal action and/or the removal of work already completed may result if one fails to obtain the required building permits.

If you wish to buy or transfer property in Ontario, it is important to be aware of the Land transfer tax (LTT). Barring a few exceptions, the Ontario Government applies the Land Transfer Tax for all properties purchased or transferred. The buyer pays this amount upon registration of the Transfer/Deed. On transfers of residential real property in Ontario, Land Transfer Tax (LTT) is calculated on the purchase price.

The foremost question in a customer's mind when buying car insurance is “how much will it cost?” Of course, that is an important question, but it is not the only important question.

In 2011, the British Columbia Court of Appeal considered the fundamental aspects relating to an injury on property.

Anyone can trip or have a slip and fall accident in the most unlikely of places. This may be because of poor external conditions, poor premises design or maintenance or a variety of other reasons.

According to the latest studies, one in five Canadians will experience a mental illness or addiction at some point in their adult lives. In fact, Health Canada states that mental illness is the second leading cause of disability in Canada. The Institute of Health Economics reports that on any given week at least 500,000 employed Canadians are unable to work due to mental illness.

Selling a house or property is usually not a simple process, and just because the unit is sold pursuant to an Agreement of Purchase and Sale does not necessarily mean that the deal will close. Situations can cause a deal to fall through forcing buyers to back out at the last minute.

A living will, also known as an advance directive, is simply a document that lets people state their wishes for physical care in case they become permanently ill, unconscious, or require emergency medical attention. You can include your “living will” or “advance directive” as part of your Power of Attorney for Personal Care.

Traffic collisions between vehicles and pedestrians are common occurrences. In the event of a car-pedestrian collision, an at-fault driver may face a number of civil and criminal consequences.

Medical malpractice refers to professional negligence by a health care professional, such as doctors, dentists, chiropractors, optometrists, nurses, and so forth. These cases occur when the health care professional causes an injury or death to a patient through a negligent act or a substandard level of care.

In Wills and Estate planning, the transfer of assets and gifts often becomes an area of dispute. A common estate planning technique is to transfer assets into joint ownership. While the intention of such transfers may be to avoid probate fees, the transferor must also consider some legal consequences to avoid unintended results at a later stage.

The phrase "Slip and Fall" is a legal term used to describe an accident that involves physical damage to an individual caused by someone else's failure to maintain their property in a safe condition, or because the property was negligently designed or constructed. It does not have to involve an actual slip and fall, but can include injuries caused by falling furniture or shelves or items that are improperly stored.

Defective or dangerous products are the cause of thousands of injuries every year in Canada. The law provides protections for consumers and others who may be injured by dangerous or defective products, and defines who is responsible when injuries occur.

As has been previously covered in this blog, damages refer to the monetary compensation awarded to victims of an injury or loss caused by another person. Such damages are remedial in nature, in that they attempt to restore the injured party, in as much as possible, to the position they were in before the accident.

If you have suffered an injury cause by a third party, it is of the utmost importance that you keep all medical records pertaining to the injury in case you decide to pursue a personal injury lawsuit.

If you are entering civil court to gain compensation for an injury, chances are high that you may be offered an out of court settlement. This is an important decision that should only be made after consultation with your lawyer, who will use their expertise to determine the facts of the case and your chances of winning. However, there are some pros and cons to settling that should be kept in mind when making the decision.

Injuries are, unfortunately, a part of participating in all sports, and can happen anywhere – on the court, at a training facility, in a school gym or even in a friend’s backyard. While most injuries can be treated, others can be serious, compromising an athlete’s ability to function or can even be life-threatening.

One of the most common injuries after any car accident, even relatively minor fender benders, is whiplash. Whiplash is sometimes considered a minor injury, and usually will not cause any long term issues.

The word “Tort” has its origins in the Latin “tortus” which means “crooked” or “wrong”. In Canada’s legal system, Tort law has an important place. Tort laws have been created by judges over the years. The primary purpose is not to punish the accused, but to provide compensation for losses or damages.

For some, there is nothing that can match the feeling of driving a motorcycle on the open road. While the laws on Ontario roads are generally consistent between cars and other forms of motor vehicles, the most obvious difference between the two standards is the helmet.

If you cannot easily locate a phone number for your insurance company, contact your insurance broker. They will put you in contact with the appropriate person to report your claim.

In Canada, there is no law that prevents members of the public from taking photographs or video of a police officer executing his or her duties. In fact, police officers have no privacy rights in public when executing their duties.

I purchased my first motorcycle at age 15 on a beginner’s driver’s license. How the times have changed in respect to laws and attitudes towards motorcycling. One myth about motorcycling that has persisted is that motorcyclists are at fault for most of the accidents that occur as between motorcycles and other automobiles and travelers.

Instances of medical malpractice and consequent lawsuits are becoming more common across Canada.  Medical malpractice is simply a term that refers to a medical negligence committed by a doctor, nurse or any other medical professional, leading to injury or wrongful death.

The fatality trial presents special challenges to Plaintiffs’ counsel to overcome our judiciary’s conservatism in awarding damages in wrongful death cases. Perhaps fearful that awards would significantly increase as they have in the United States, our judicial system has kept them suppressed.

If you have been in a motor vehicle accident, you may be aware that there are significant caps for how much compensation and reimbursement you can receive for things such as income replacement benefits, physical therapy, housekeeping, or care giving.

When it comes to legislating safety standards on the road, perhaps no area is more important than for commercial semis and trucks. Considering that the average commercial truck can be 12 feet tall, 80 feet long, and almost 70 tons in weight, the impact of accidents involving trucks can be severe.

If you have ever been involved in a car collision, a hundred emotions and questions can race through your mind all at the same time. If you or anyone has been injured, that has to be taken care of first. And then come the questions - when do you report an accident, when you don't need to report, and what are the consequences of each?

There are two main types of private pension plans in Canada: (1) defined benefit plans; and (2) defined contribution plans.  Defined benefit plans provide its members with a specific pension benefit on retirement.

The Canada Pension Plan (CPP) is Canada’s federal social insurance program that provides pension benefits for retirement, disability, and death.  The CPP program requires that all employed Canadians outside of Quebec 18 years of age or over contribute a portion of their earnings into the plan.

Cars, cars, and more cars everywhere. While most Canadians can't imagine their lives without cars, car accidents have become a regular occurrence in the world.  Fortunately for consumers, cars are becoming increasingly safe due to technological advancements and consumer demand for safer vehicles.

Accidents happen. That is, and always has been, a fact of life. When an accident happens to drivers and passengers of motorcycles, some pretty serious injuries can occur. Everyone knows this. And accidents don’t just happen to “other people”

If you are a rider, it could be the wonderful feeling of paying less, prepaying the fee and even watching your Uber driver approach via GPS. If you are a driver, the ability to generate extra cash anytime is always irresistible. Both the driver and the rider can even view each other’s profiles before agreeing to the ride.

It is every dog owner’s worst nightmare that their precious pup may one day turn violent. And while the first concern must always be the well-being of the victim, there is always the risk that the dog owner may be held liable for the actions of man’s best friend.

The freedom to protest is a fundamental right in Canada and a cornerstone of the famed Canadian democracy. Through our freedom of expression, we have the right to create public awareness of contentious issues and influence the powers to be on important policy matters.

Prior to 1989, individuals who had been found innocent of crimes were unable to seek civil actions against their prosecutors, regardless of circumstance, due to absolute immunity for Crown Prosecutors and the Attorney General.

After an accident, injuries may be readily apparent. Based upon your description, the results of diagnostic tests and their own observations, your treating healthcare professionals will note any bruises, broken bones, cut, scrapes and internal injuries, creating a detailed medical record that can then be used to help you seek fair compensation.

When the season is right, there's nothing like feeling the breeze in your face as you cruise down Ontario's wide open roads on a motorcycle. That said, motorcycle riders are vulnerable even when they take every precaution by wearing protective safety gear and practicing advanced driving skills. More often than not, motorcycle accidents can lead to serious injuries.

Many people are injured in accidents in Ontario every day. Often, the cause is a mistake on someone else's part. And when the injury is serious, filing a personal injury claim may seem like the right thing to do but it can get challenging as the rules and regulations governing injury claims are complicated.

According to an article published in the National Post, "as many as 23,000 Canadian adults die annually because of preventable “adverse events” in acute-care hospitals.

As our streets continue to get crowded with more cars, buses and vehicles, pedestrians have more obstacles to face than before. In accidents involving pedestrians and cars, many times, driver inattentiveness and a number of additional factors are often the primary causes and, many of these accidents could have been prevented.

Bill 67, an act proposed to amend the Workplace Safety and Insurance Act, 1997 has been a lot in the news with its reference to Post-Traumatic Stress Disorder [PSTD]. Any anxiety disorder that develops after exposure to a traumatic event or experience with symptoms that may include flashbacks, nightmares and intense feelings of fear or horror is defined as PSTD.

Five important things to do after a Slip and Fall Life can be unpredictable in spite of the best precautions and when it comes to slips and fall accident, they can happen to anyone anytime. Be it in a stairway or parking lot or anywhere, the sad truth is that when a slip or fall occurs, sometimes it may not be your fault at all. But it is important to know what to do after such an accident.

Recent studies confirm that as many as 50% of Canadians don’t have a will. Writing a Will is a task that very few are willing to consider. At the same time, we should remember that life can be unpredictable and anything can happen to anyone, anytime.

In Ontario, if you are in financial need and are sick, disabled or have health challenges that can keep you away from work for at least a year, you could qualify to apply for the Ontario Disability Support program (ODSP).

Over the past few years, news reports of excessive force by United States police officers have exploded, and new cases where police officers have caused the death of unarmed individuals seem to be increasing.

It is everyone’s nightmare that he or she might be the victim of a crime, particularly one involving violence. But many do not consider that their suffering may have occurred as a result of a failure by the police to properly investigate a crime or adequately warn members of the public..

After an automobile accident, you may be eligible for compensation for your injuries, your loss of income, and medical fees such as rehabilitation therapy. But if a loved one has been in a fatal accident, survivors may also be eligible for specific benefits by filing a wrongful death claim.

When someone has been harmed, whether physically or psychologically, by another individual or group of individuals, the criminal justice system is often the first refuge for victims. However, due to the high burden of evidence required, as well as exploitation of loopholes in the law, criminal charges are not always pressed against your attacker.

Enacted in 2001, the Marine Liability Act deals with the liability of ship owners and operators when it comes to the ships passengers and cargo, as well as pollution and property damaged caused by the ship. It deals with determining fault, joint liability, the rights that plaintiffs have in seeking damages, and the limits of liability amounts in personal injury claims.

While it is no one’s dream to have to rely on long-term disability, it may be necessary for those who cannot work due to chronic illness or injury. However, despite the fact that the vast majority of claims are filed due to legitimate and immediate need, many disability claims are rejected the first time. Why are so many claims denied, and what recourse do you have if you have been rejected?

In most cities all over Canada, there are numerous precautions in place to protect pedestrians, including designated footpaths, well lit crosswalks, and flashing crossing signals. But over the past decade, pedestrian fatalities and injuries throughout Ontario have risen to record highs.

In shopping malls, there are a host of hazards that can be found in food courts, individual retailers, aisle kiosks, and concourses that may cause slips, trips, and falls. In such cases, it may be confusing as to who can be held liable.

If your Canada Pension Plan Disability Benefits claim has been denied, you may be grappling with two very stressful questions: Why? And what now? Luckily, there is recourse available to you through the CPP Appeals Board, and legal assistance during this difficult process can prove to be the difference towards getting the benefits you require and deserve.

When it comes to construction site accidents, liability is determined very differently depending on if the individual harmed is a construction worker on the job, or an unfortunate passerby. Workers are covered by employment laws such as the Workplace Safety and Insurance Act.

As we've discussed in a previous blog regarding Liebeck v McDonald’s, (the “McDonald’s coffee case”), product liability claims are rarely as outrageous as they are portrayed in the media. If poorly made, or inherently dangerous products cause injury, illness or even death to a consumer, manufacturers can and ought to be held responsible.

You may have experienced discrimination in the workplace based upon traits such as your gender, race, religion or sexual orientation. What protects you from workplace discrimination on prohibited grounds, and what options might you have?

We all remember what it is like when, as kids, we took a hard fall and got right back up, brushed ourselves off, and kept playing. But as we age, slips and falls become much harder on our bodies. For the elderly, even seemingly minor slips and falls can result in serious, long-term health problems.

As winter starts to settle in, many of us turn our eyes towards our summer holiday plans, picking out the perfect cottage rental for a hot-weather getaway. And while no one likes to imagine anything going wrong on their dream vacation, one slip on a lake pier or fall on unfamiliar cottage steps can ruin your carefully laid out plans.

No matter how proficient or well-trained your doctor may be, human errors unfortunately can and will occur in the course of medical treatment. But when does normal and expected human error cross the line into medical malpractice?

Losing a job can be one of the most stressful things to happen in life, but at one point or another, many of us will feel the sting of losing a job. But being dismissed without cause, or worse, for reasons specifically prohibited by employment laws such as the Ontario Human Rights Code, can make the blow even harder to take. Depending on the situation, however, you do have options.

It is true that no man is an island, and even the experience and skilled lawyers at Mackesy Smye must work closely with police, healthcare experts, and forensic experts to build your case.

According to a study by the Groupement des Assureurs Automobiles, Ontario has the highest automobile insurance premiums in Canada.

It is, of course, understood that a municipality has some responsibility for the upkeep and maintenance of roads and highways – our tax dollars guarantee it.

Every day, thousands of Canadians put their lives in the hands of medical professionals, trusting that they will receive the finest care possible.

For many Canadians about to buy a home, a real estate lawyer can be almost an afterthought – someone to do the grunt work after the deal has already been signed.

As a business owner, deciding whether or not to incorporate may be one of the more difficult decisions you make for your business.

Without a will, it is up to the province to divide your assets, which may run contrary to your own personal wishes.

After the death of a loved one, there are many practical and legal matters that must be attended to during the period of grief.

The Canada Pension Plan Act was established in 1965 to ensure that all Canadians would be protected in their elder years, and allow them to have a high quality of life despite the loss of a regular income.

Emotional Distress - How is it Defined? When people are making the decision to sue for damages in an insurance claim, they often think in terms of the tangible: physical injuries, number of days off work, cost of car repairs, and so on.

Consider this scenario: After some sort of accident or trauma, you have your minor cuts, bruises, and other injuries which are treated.

If you’ve been in an accident, experienced harassment or discrimination, or suffered due to medical or police negligence you may be wondering if a lawyer is necessary.

Ontario Human Rights Codes - Provincial counterpart to the Canadian Charter of Rights and Freedoms

There are few things in life more tragic than witnessing a loved one dying of a painful, terminal or degenerative disease.

Watching a loved one suffer from a serious illness that has gone untreated or unnoticed by their doctor is a tragedy. An even greater tragedy is having your loved one die from a treatable disease due to such doctor negligence.

Filing a personal injury lawsuit can be incredibly stressful – on top of your pain and suffering, physical therapy, and other medical treatments, you must now deal with a mountain of paperwork filled with complicated language.

The trip is cut short, and what was supposed to be a time for relaxation, adventure, and fun in the sun becomes a trip filled with foreign hospital visits, expensive international calls to insurance companies, and mountains of paperwork.

In 2007, the Supreme Court of Canada ruled that suspects would be allowed to sue the police for negligence due to events surrounding their arrest, intake, or incarceration, or for perceived “shoddy detective work” during the investigation against them.

Whether it’s a fender bender occurring in your privately-owned parking lot, or a slip and fall on your driveway, many are concerned about their potential liability from incidents on their property.

From connecting with old friends or meeting new ones, to networking with colleagues, current, or potential employers, we now live a large part of our social lives online.

It’s not just the medical bills you are worried about, but the time off work, the extra help that will be needed around the house, and many other things that all add up.

The high-fat, high-carb, and high-calorie fast foods being consumed in record amounts throughout North America are thought to be a major cause for obesity, diabetes, and other serious nutrition-related health problems.

Greedy. Untrustworthy. Sharks. Ambulance chasers. These are just a few of the stereotypical descriptions common to personal injury lawyers, often provoked by unflattering portrayals in the media.

Piles of snow on the sidewalk from snowplows, icy sidewalk grates underfoot, wet and slippery subway and streetcar steps: these are all inconveniences that are part and parcel with the Canadian winter experience.

Imagine this: It’s the day after a January snowstorm, and as you leave the house on the way to work you discover the outside steps caked in freshly fallen snow.

In March of 2009, the world watched as actress Natasha Richardson fought for her life after experiencing a ski injury on the slopes of Quebec’s Mont Tremblant.

Automobile insurance is mandatory throughout Canada, and those driving without insurance can lose their license, face a large fine, and even get their car impounded. But what does that insurance actually cover?

Have you ever wondered how compensation for personal injury claims is calculated? If someone is injured in a car or motorcycle accident, can they be compensated for loss of earnings as well as medical treatment?

Considered fringe medicine just a few decades ago, alternative medicines, such as naturopathy, homeopathy, and chiropractory are now common in all major Canadian cities, and even most smaller towns.

On February 1, 2014, changes to the Minor Injury Guideline officially came into effect. This serves as a template for deciding statutory accident benefits under the Insurance Act.

Mackesy Smye was proud to be the Branch Sponsor for the Downtown YMCA Spin-a-thon on Saturday April 5, 2014.

Mackesy Smye is proud to be a support sponsor of the National Cycling Centre of Hamilton’s junior cycling team.

Pat Mackesy as Chair of the Hamilton Law Association Real Estate Subcommittee recently chaired the very successful annual seminar on Real Estate as well as delivered a paper at such. There were about 140 lawyers in attendance.

It was necessary that my associate and I apply for membership under the Law Society of the North West Territories in order to be able to represent our client in that jurisdiction.

From Nov. 13 to 15, Mike Winward attended the Plenary of the County and District Law Presidents’ Association (CDLPA) as the representative for Ontario’s central south region.

It is with great sadness and fondness that we reflect on the passing of Justice Eugene Fedak.

We are very pleased to welcome Sabrina Seibel to Mackesy Smye LLP as an Associate Lawyer. Sabrina was called to the Bar June 21, 2013 after having completed her articles with us.

Imagine yourself standing at the bakery counter of your local grocery store. There is a sign that reads bread is 15% off. You ask for a loaf but notice that the baker has cut it in half. Fifteen percent off but for half a loaf. You say that you want a full loaf. The baker says that would cost an extra 30%. Would you buy the loaf? Of course not. The only person benefiting from this deal is the baker. Yet, this is what Premier Wynne has put onto the people of Ontario when it comes to auto insurance. Here is how it works if, for example, a car driver ran a stop sign, broadsided your vehicle and you were injured.

The recent case of Clark v. Kwasney decided by Mr. Justice Reid here in Hamilton further emphasizes the difficulty of establishing “squatters’ rights”. Counsel (Bordin and Brisbin) were unable to convince their clients to settle and therefore the matter proceeded in an expeditious manner to a hearing. The result was a split decision. The fenced area was lost and the unfenced area remained as per the deeds.

When you buy a home the first step is usually to sign an Agreement of Purchase and Sale. This agree ment outlines each person’s rights and obligations and sets out what must happen before final closing. As such, it is generally a good idea to have the Agreement reviewed by a lawyer before you sign the agreement. This will help to prevent you from agreeing to something not in your best interests. This is particularly important when buying a new home from a builder because of the numerous and lengthy provisions in the agreement, especially those relating to extra charges and changes to the closing date.

A Power of Attorney for Property may save substantial time and money in the event of incapacity or an extended time away from home and is relatively inexpensive. The word Attorney in this context does not mean lawyer. A Power of Attorney for Property is a simple written document that allows someone else financial management of some or all of your property while you are alive. It can become effective now and continuously, for a limited time, or only in the event of incapacity. It can be limited to dealing with all or only certain assets of yours.

Some of the benefits of making a Will include the ability to direct where your assets will go, the cost and time savings of dispensing with an administration bond and the speed in distributing assets to the beneficiaries, paying debts and fully administering the estate. Each is, in itself, a valid reason for having a Will prepared immediately. The cost to do far outweighs the cost of not doing.

The investments a trustee can make are governed by sections 27-31 of the Trustee Act. The general rule pertaining to a Trustee’s power of investment is that a trust instrument can define the Trustee’s powers of investment. Trustees are bound by the instructions in the trust deed; the trust’s funds must be invested in strict accordance with the powers granted the trustee, regardless of what may be allowed by the Trustee Act. Should the trust instrument remain silent on investment powers, then, historically speaking, trusts were for the most part confined to judicial and later statutory lists of authorized investments.

In tort law, there are few areas that are subject to as much judicial and legislative attention as liability of public authorities for the design and maintenance of roadways. This is a field of law that is very much driven by statute. The Municipal Act, 2001, SO 2001, c 25 and the Public Transportation and Highways Act, RSO 1990, c P.50 and regulations made under those Acts contain a number of provisions that potentially shield road authorities from liability for otherwise negligent actions or omissions. Those provisions are not infrequently varied, changed or repealed. Any change can lead to uncertainty and litigation.

Particularly with the advent of no-fault insurance schemes, more and more people are finding themselves embroiled in litigation with their insurance companies. Whether an insured is bringing an action against their insurer for failing to pay accident benefits, disability benefits, life insurance benefits or property damage claims, a common allegation in any Statement of Claim is that the insurer breached its duty to act in good faith.

The loss of the interdependent relationship can best be described as the loss of opportunity to form a permanent interdependent relationship with another individual whether that be through marriage or common law co-habitation. The main component to the loss of an interdependent relationship is the loss of financial benefits from shared family income.

Every so often, I will get a call from someone who is having difficulty in making a claim under their homeowners insurance policy. Most of us are used to representing clients in first-party claims relative to their auto insurance policies, all of which are, effectively, exactly the same, regardless of the insurer. However, homeowners policies are not always the same. While many policies have similarities, there are numerous Riders and Endorsements which can make coverage unique to the individual insured.

Michael Winward received his LL.B. from the University of Western Ontario in 1983. He was called to the Bar of Ontario in 1985 and immediately commenced employment with Mackesy Smye LLP, becoming a partner in 1990. Michael restricts his practice to civil litigation with an emphasis on personal injury and insurance litigation. Michael has enjoyed being a trustee of the Hamilton Law Association and has sat on a number of its committees.

Michael Winward received his LL.B. from the University of Western Ontario in 1983. He was called to the Bar of Ontario in 1985 and immediately commenced employment with Mackesy Smye LLP, becoming a partner in 1990. Michael restricts his practice to civil litigation with an emphasis on personal injury and insurance litigation. Michael has enjoyed being a trustee of the Hamilton Law Association and has sat on a number of its committees.

The fatality trial presents special challenges to Plaintiffs’ counsel to overcome our judiciary’s conservatism in awarding damages in wrongful death cases. Perhaps fearful that awards would significantly increase as they have in the United States, our judicial system has kept them suppressed. If emotions and our natural sympathies that flow from wrongful death claims were allowed into the courtroom then some would argue that awards would spiral out of control.

Motor vehicle accidents are fairly common, but many people are still unsure about what to do in the moments after an accident. Below are a few common questions and answers to guide you in the right direction.

If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care for you or your loved one upon release from the hospital? How do you access future health care service providers such as nurses, physiotherapists or personal support workers? Who will pay for those services? What insurance benefits are you entitled to? What do you have to do to receive those benefits?

In McIntyre v. Grigg et al (2006) 83 O.R. (3d), 161, the Court of Appeal, for the first time, considered the issue of whether punitive damages were available in the context of a motor vehicle accident claim. I had the privilege of arguing this appeal after my partner David Smye obtained a very favourable verdict from a Hamilton jury. While the majority in the Court of Appeal upheld the jury’s award for punitive damages, the quantum of the award was reduced substantially.

According to the Canadian Institute for Health Information, across Ontario in 2002-2003 there were 8,698 Emergency Room visits due to playground related injuries. Of those injuries, 590 resulted in a hospital stay of at least one night. The majority (56%) of injuries occurred among children between the ages of 5 and 9. The majority of injuries were orthopaedic in nature, mostly upper extremity. However, there were also 131 reported head injuries.

We are delighted to announce that effective January 1, 2013, Ian Brisbin and Jamie Cavanagh have been admitted to the Partnership.

Congratulations to the Staff and Lawyers of Mackesy Smye who have won a number of 2012 Hamilton Spectator Readers Choice Awards!

The province of Ontario defines a motorcycle as a sell-propelled vehicle with a seat or saddle for the driver designed to travel with not more than three wheels in contact with the road. It includes scooters but nut motor-assisted bicycles or “motorcyclettes“.

A recent court decision out of Alberta has stressed the importance of adhering to the oath taken prior to commencing an examination for discovery and giving the inquiring party truthful answers.

Mackesy, Smye LLP is the largest and most experienced personal injury law firm outside of Toronto practicing in plaintiff personal injury law.