Tag Archives: Advocate Daily

Keep safety in mind this Victoria Day Weekend

While many Ontarians look forward to Victoria Day weekend as an official summer kick-off, it is also the beginning of trauma season; the time when getting to and from the cottage can be a killer, Toronto critical injury lawyer Dale Orlando writes on Huffington Post.

“The Ontario Ministry of Transportation’s latest statistics show that in 2010, seven people died and more than 300 were hurt in over 1,300 collisions on Ontario roads on the Victoria Day long weekend,” the article says.

“A check with the City of Toronto’s traffic safety unit confirms that in Toronto alone, more than 130 people were hurt in over 400 collisions on this holiday weekend last year.”

Orlando, partner with McLeish Orlando LLP, says impaired driving is a major issue on holiday weekends, and notes it’s worth making the time to take safety precautions.  Watch Video

“If you can avoid the rush-hour cottage country drive, do so; you won’t be sharing the road with those who, no matter how many aggressive lane changes they make, will only arrive about 15 minutes ahead of everyone else who is keeping their cool,” he writes.

“And it may seem obvious, but step away from the cellphone. Put it in your briefcase or trunk and out of your hands so you won’t be tempted to check just one last email.”

When it comes to boating safety, take extra caution on the first time out, advises Orlando.

“Wear a life jacket, and while it’s obvious, leave the alcohol on the dock because it’s just as dangerous as drinking and driving,” he says.

Source: AdvocateDaily.com

Decision could lead to increase in unnecessary claims

As seen on AdvocateDaily.com – April 5, 2013

Ontario’s personal injury bar is concerned that a recent Court of Appeal decision could lead to an increase in unnecessary claims against underinsured insurers, Toronto critical injury lawyers Rikin Morzaria and John McLeish write in Lawyers Weekly. Read Lawyers Weekly

In Roque v. Pilot Insurance Co. [2012], the court held that a plaintiff ’s limitation period against an underinsured insurer begins to run when the plaintiff has enough evidence to give him a “reasonable chance” of persuading a judge that his claims would exceed the minimum limits of $200,000, the article says.

“This is a departure from some previous cases — Hampton v. Traders General Insurance Co. [1996] O.J. No. 41, most notably — that held that the limitation period only begins to run from the time when the plaintiff knows that the available insurance coverage under a defendant’s policy is less than that available under his or her own coverage. While the language of OPCF 44 endorsement in question — the “family protection” endorsement that extends to the policyholder the same rights provided to third parties —  arguably left the appeal court little choice, the resulting situation cries out for legislative intervention,” explain Morzaria and McLeish, partners with McLeish Orlando LLP.

Continue reading