Personal Injury Lawyers

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When Death Preempts a Settlement Disbursement

Insurance settlement cases are usually fairly straightforward. The party with the claim and the insurance company negotiate a mutually agreeable settlement, paperwork is drawn up and signed by both parties, and then a cheque is issued. Both parties go their own way, and the matter is legally over. Normally, there’s not much more to the process – but what if the victim dies before signing the settlement paperwork?

This question was recently brought before Superior Court Justice Robert Reid in the case of Estate of Riggs v. Intact. Justice Reid determined that his court did not have jurisdiction in the matter and that the Licence Appeal Tribunal (LAT) did. However, Justice Reid offered his opinion anyway, stating that the settlement agreement should be binding despite a claimant passing before signing the legal paperwork involved.

The History Behind Estate of Riggs v. Intact

In 2015, the late Gerald Riggs was in a car accident. On December 17, 2018, he and Intact went to mediation. The mediation was successful, and they reached a settlement that included the following:

The tort insurer would pay the all-inclusive sum of $300,000
Intact would pay an all-inclusive amount of $350,000
Intact would also pay for attendant care, incurred treatment plans, physio, and the rehab support worker’s invoices through January 31, 2019

From December 19, 2018, and January 2, 2019, lawyers for both sides discussed how the funds would be allocated and about the settlement disclosure notice. Intact sent the applicable documents for Riggs to sign on January 8; however, Riggs passed away.

Is the Settlement Binding?

As the estate trustee, Riggs’ wife signed the settlement forms and sent them back to Intact. However, Intact declined to pay the settlement on the basis that Mr. Riggs’ personal signature as was not on the settlement documents.

Justice Reid sided with Mrs. Riggs and that the settlement terms were previously agreed upon and both parties intended to move forward with the legally binding settlement. He went on to point out that if Mr. Riggs’ imminent death had been considered at the mediation, his life expectancy would have been accounted for when the settlement was crafted.

Intact’s delay of the documents was also brought into question. He likened the case to that of minors or other victims that are incapacitated and cannot sign for themselves; an executor signs for them just as in the case of Mr. Riggs.

Do You Need Help from an Experienced Mississauga Lawyer?

If you have been hurt in an accident, it’s in your best interest to obtain legal representation as soon as possible. Whether your legal issue is based on car accident injuries, breach of contract, or something else, the experienced Mississauga lawyers at Nanda & Associates are here to help you. We assist clients with typical and unusual cases.

Connect with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form. We assist clients of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

29 November

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House Owner Liable for $1.3 Million in Damages for Fire-Related Death

in Personal Injury Lawyers

In November 2013, 24-year-old Alisha Lamers lost her life in a fire that consumed the basement apartment in which she resided. The fire occurred in an illegal rooming house located in Toronto, where she had lived for just over one month, leaving her landlord liable for damages related to her death.

Alisha’s Injuries Led to her Death

As a result of the fire, Alisha suffered two cardiac arrests during her transport to Toronto Western Hospital, extensive 2nd and 3rd-degree burns over more than half of her body, and suffered extensive brain injuries.

An investigation by the Office of the Fire Marshal revealed numerous safety issues in the building. Their report noted that the structure illegally lacked:

Adequate fire separations
A means of egress
Smoke alarms

Jury Awards Parents at Trial

This wrongful death case was tried by a six-person jury who found Konstantin Lysenko, the owner of the illegal rooming house liable for the death of the young woman. In their decision, the jury emphasized that Mr. Lysenko failed to:

Have a safety plan that was “prepared, approved, and implemented in the building”
Maintain smoke alarms in operating condition
Have at least two exits for every floor of the home

The jury awarded Alisha’s parents 250,000 each for damages, including the loss of care, guidance, and companionship, an additional $250,000 each for mental distress or injury, and more than $150,000 each for future costs of care. Mr. Lysenko will be held accountable for their damages, as well as owing a $60,000 fine and a $15,000 victim surcharge for not adhering to local fire codes.

Illegal Rooming Houses in Canada

Mr. Lysenko, who handled the case pro se, had no comment about the outcome of the civil case. Although, during the trial, he admitted that not removing bars on Lamers’s bedroom window was “stupid.” He later explained that Lamers wanted the bars there and that he did not know that he needed a license to operate a rooming house or that it needed to meet fire code.
Illegal rooming houses are a growing problem across Canada. Data from all jurisdictions that keep track of rooming house fires shows that during a five-year period, at least 47 deaths resulted from 532 rooming house fires.

Call Us Today to Schedule a Consultation with a Mississauga Wrongful Death Attorney

If you lost a loved one in a fire or another accident that could have been caused by the negligence of another party, make it a point to speak with an experienced Mississauga lawyer.
Schedule your wrongful death consultation today at Nanda & Associate Lawyers by calling (647)-951-6200 or use our online contact form, and we will contact you. We help clients of all nationalities and backgrounds, offering services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

22 November

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Court Upholds Award for Brain Injury Victim

In June 2011, 13-year-old Sarah Little of Barrie jumped from the rear emergency exit of her moving school bus. Sadly, this unofficial last day of school tradition resulted in a serious brain injury. Court records reveal that Sarah will never be able to care for her own needs or obtain gainful employment. Sarah’s mother has given up her bridal shop business to care for the now 20-year old.

Brain Injury Compensation

The Impact of the Fall

As a grade 8 student at Guthrie Public School in Oro-Medonte, Sarah had the ability to open the bus doors while riding home with her twin sister that day. Despite her own sister and several other students discouraging her, Sarah jumped out of the rear exit door while the bus was still moving.
She fell hit her skull on the pavement below. Witnesses reported that the bus was traveling between 15 and 25 kilometers per hour, and the bus was coming to a stop when Sarah jumped.
The force of the fall fractured her temporal and occipital bone. Sarah’s brain injury is permanent, and she lives with cognitive, emotional, and behavioural impairments.

Negligence Caused Sarah’s Brain Injury

Fellow students at the trial testified that this dangerous tradition dates to 2007, and Sarah’s Lawyer argued that the bus driver was aware that students were jumping from the bus. However, the bus driver failed to report the student’s actions to school officials or the bus company.

According to Canadian law, companies can be held legally liable for the negligence of their employees. At trial, the jury determined that the bus driver did not adhere to the expectations of the bus company and was negligent in his duty to keep students safe.

Floyd Sinton Ltd., which now operates as Sinton Landmark Transportation, was found to be 75 percent at fault, while the jury attributed 25 percent of the liability to Sarah. Sarah was awarded $7 million in pain and suffering, lost wages, and the future cost of her care.

Court of Appeal Upholds Award

The bus company took the case to the Court of Appeal, questioning whether the jury had enough evidence in the original trial to make the ruling or if the trial judge misdirected the jury on causation. They sought a new trial or a reduction in how much Sarah was awarded. In November 2019, the appellate court upheld the jury’s ruling.

How a Brampton Personal Injury Lawyer Can Help

If you have suffered an Personal Injury that was caused in any part by another person or party, or in a bus accident, now is the time to contact an experienced personal injury lawyer in Brampton. By retaining a skilled lawyer, you can receive the compensation you deserve for your injuries and hold those who are negligent accountable for their careless actions.

Schedule your personal injury consultation today at Nanda & Associate Lawyers by calling 905-405-0199 or use our online contact form, and we will contact you. We offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

15 November

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How to Protect Your Rights after a Car Accident in Mississauga

in Blog, Legal Advice, Personal Injury Lawyers

Car Accident in Mississauga

Car Accident – How to Stay Ahead of Unforeseen

A car accident is invariably a stressful and overwhelming situation. After the chaos of an accident scene and getting medical attention, the last thing an accident victim needs to deal with is the other driver’s insurance company. Insurance companies have armies of claims adjusters and lawyers who are trained to reduce the value of your claim. You should not have to fight these professionals while recovering from painful injuries. Call Nanda and Associates at (905) 405-0199 to schedule a consultation with one of our Mississauga car accident lawyers. We have helped many Mississauga accident victims protect their legal rights.

Here are some of the most important steps to follow after an car accident:

Call a Lawyer as Soon as Possible

At the scene of an accident, you will need to speak with responding police officers. You might also need to get immediate medical attention or make arrangements for your vehicle to be towed. Take care of these things. Go home to rest. Then, as soon as you are able, schedule a consultation with an car accident lawyer. It is important to get a lawyer as soon as possible. Anything you say to the other driver or their insurance company can be used as evidence against you. Once you have a lawyer, he or she will handle all communications with the insurance company. A lawyer will know what to say – or not say – in order to protect your legal right to compensation.

Do Not Say or Post Any Information About the Accident on Social Media

Insurance companies can also use anything you post on social media as evidence against you. This includes statements about what happened and photos of the accident. It can even include pictures of you doing other activities weeks after the accident. Insurance company investigators have been known to use the pictures to prove that you aren’t really as injured as you claim to be. Something as simple as a gym selfie taken months after the accident could be used to claim that you aren’t in pain, because you are still able to work out. Do not post any statements or photos about the accident. Be sure to check your privacy settings regularly. Do not accept friend requests from anyone you don’t know.

Document Your Injuries and Losses

The insurance company is trying to collect evidence against you, so it is important for you to collect evidence of your own. Keep a record of all your medical appointments. Document your pain and discomfort. Write down the ways in which you have been affected by your injuries. (For example, you might be unable to sleep due to your pain. Perhaps you had to miss a sporting event because you were still recovering.) Photograph any visible injuries such as bruising, stitches, or broken bones. All of this documentation can be used to support your personal injury claim and push for a fair settlement offer. If the insurance company refuses to make a fair settlement offer, it can also be used in court to help a jury understand just how much you have been affected by your injuries.

Experienced Mississauga Car Accident Lawyers for All Injury Cases

The effects of a car accident can affect a victim for years to come. Your career, hobbies, home life, and friendships can all be affected by the pain and suffering – and sometimes permanent disabilities – that result from a car accident. Canadian law protects your legal right to be compensated for injuries sustained due to another driver’s negligence. Don’t leave your legal rights unprotected from attacks by the other driver’s insurance company. With an experienced Mississauga car accident lawyer fighting for you, you can rest assured that your legal rights will be protected. Call Nanda and Associates today at (905) 405-0199 or contact for a free consultation with a lawyer. We speak 15 languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

20 December

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Driving Impaired – Think Twice Before You Get Behind the Wheel

Driving Impaired – Think Twice Before You Get Behind the Wheel With the holiday season in full swing now, parties are underway everywhere. Avoid consuming alcohol or drugs that can impair your ability to safely operate your vehicle. Avoid drinking unless there is a designated driver to safely drive you home or call a friend, or a taxi or plan to spend the night out. The Ontario Ministry of Transportation recommends that the best way to avoid impaired driving is not to take a chance.

According to Mothers Against Drunk Driving (MADD) Canada, an average of four people are killed each day in crashes involving alcohol and or drugs. There can be many consequences for both the impaired driver and the person injured from a motor vehicle accident caused due to impaired driving as a result.

Benefits Deprived in Auto Policy

Getting conviction for an impaired driving offence can deprive you of numerous benefits which are available under an auto policy. Some benefits which you will no longer be entitled to include are income replacement benefit, housekeeping benefits and lost educational expenses.

No Right to Sue

If the accident has resulted at your end, you are disallowed to sue anyone else you claim to be responsible for the accident. Effectively, this means that you will not be able to claim for damages such as loss of income, pain and suffering, rehab or medical funding not covered by your insurer.

Insurer Says No

In a few circumstances, it is possible that your insurer may refuse to cover the cost of vehicle damage if you ultimately get convicted of driving impaired.

No Insurance

One you get convicted on driving impaired, your insurance company can even refuse your policy renewal. It is possible that they may also cancel the policy if any severe injury resulted directly from your impaired driving.

High Insurance Rates

The risk is something insurance companies don’t like. Due to an impaired driving conviction, your insurance company can raise your insurance rates, even if any injury has not occurred from the event. In some circumstances, the new rates could be $8000 to $10,000 more than regular insurance rates per annum.

What You Need to Know

Just paying the insurance premium does not ensure your automatic coverage. Like you expect the insurance company to keep their part of the deal and give you adequate and agreed coverage, you too are responsible for maintaining your end of the deal.
As the insured, you have your own obligations as per the insurance policy contract.

How We Can Help

At Nanda & Associate Lawyers, our experienced Personal Injury lawyers understand your specific circumstances and provide customized solutions for each of them. We provide quality legal counsel and personalized care to ensure your claim receive successful outcomes. Call us today to file your claim or defend yourself against one.

Our Personal Injury lawyers are available for a no-obligation free consultation. Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali and much more.

10 September

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Ontario Court Awards $200,000 in Sexual Assault Civil Lawsuit

Ontario Court Awards $200,000 in Sexual Assault Civil Lawsuit On August 20, 2018, in a landmark judgement, the Ontario Court of Appeal upheld that no breach of trust is not a reason for modest damages in a sexual assault lawsuit.

In this case, Zando Vs Ali, a male doctor sexually assaulted a female colleague. A total of $200,000 was awarded to the plaintiff which included $25,000 in punitive damages and $175,000 in general damages. Pre-judgement interest and legal costs amounting to $480,000 were also ordered payable to the plaintiff due to significant delays in going to trial.

Justice Katherine va Rensburg held that the sexual battery charges are awarded for not only mental or physical injuries but also for the degrading and humiliating nature of the wrongful acts. The Court of Appeal also found that the pecuniary damages awarded by the Superior Court of Justice were as per principle but should be re-evaluated in civil lawsuits in the nature of sexual assault.

In this case, the plaintiff, Dr Zando and the defendant Dr Ali were colleagues at Sarnia General Hospital. Dr Ali forcefully penetrated Dr Zando at her home in July 1999. Dr Ali had apparently gone to Dr Zando’s house under the guise of an urgent official matter.

The incident was first reported to Sarnia Police in 2004 where the initial investigations confirmed the DNA evidence implicated Dr Ali. The case went to trial in October 2016 after the initial counsel was replaced.

The sexual assault was confirmed on a balance of probabilities where the judge ruled that the plaintiff’s sense of dignity and pride was attacked. Dr Ali appealed and argued that it was a single incident involving persons of equal status and that no long-term psychological trauma had been noticed in Dr Zando post the incident.

Cultural background was also considered as a factor in assessing damages in the lawsuit. It was also noted the plaintiff did not feel comfortable in making the incident public.

The awards in sexual assault cases for ‘pain and suffering’ have typically been much lower than other personal injury cases. The Court of Appeal noted that the morally reprehensible incident met the punitive damages standard and the harms of the sexual abuse was reflected in the damages awarded.

04 September

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Owner and the Named Insured

Auto Insurance Policy – Similarities between the Owner & the Named Insured

Owner and the Named Insured Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII)

Case Facts

This case was between the Minister of Finance, Ontario and Traders General Insurance.
In this circumstance, there had been an accident of a vehicle which was owned by Peter Leonard. Traders General Insurance was the auto insurer of the vehicle and sent a policy termination notice to Anne Leopard, the ‘named insured’ under the auto insurance policy. But, the vehicle was not owned by the named insured under the policy.

Peter Leonard owned the Hyundai motor vehicle in which a passenger was seriously injured. Peter’s spouse, Anne Leonard had the auto insurance policy with Traders. At the time of the accident, the policy status was not valid as it has been terminated due to non-payment of premiums. Also, the vehicle had been added to the policy, two years earlier.

Traders sent the notice of policy termination by registered mail to Anne and not to Peter. It appeared that Traders had no knowledge that Peter was the owner of the Hyundai as per the policy.
The injured party claimed accident benefits from the Fund which initiated a dispute with Traders. The Fund mentioned that the policy was in force at the time of the accident and was wrongfully cancelled.

Court’s Decision

The Fund was validated by the Superior Court, which ruled that the policy could not be considered as terminated, since no termination notice was received by the vehicle owner.

The Court also maintained that it was the duty of Traders to correctly identify the named insured at the time of policy inception and after that to maintain compliance with statutory requirements. It also mentioned that fifteen days notice was required to be given to Peter and in its absence, the policy was deemed to be active and not cancelled.

Traders General Insurance was ordered by the Court to pay the valid accidents benefits settlement to the injured person.

The Court of Appeal dismissed an appeal filed and sided with the Superior Court. It stated that as per Statutory Condition 11 (1), – notice should have been given to the ‘insured’ and Peter was the ‘insured’ person as the vehicle owner.

It was further validated by section 1 of the Insurance Act, that the auto insurance was an owner’s policy and was tied to the ownership of the vehicle.

Summary

It is summarized that Anne Leonard was not the ‘named insured’ for the Hyundai vehicle. She cannot be considered as the ‘insured’ as she was not the owner. Hence, when the notice of policy termination was sent to her, the policy did not terminate.

Insurers need to do due diligence at the time of underwriting to make sure that owners’ policies should be written only for vehicle owners’ and not anyone else. The strict compliance standards apply to all standard auto insurers.

The questions raised in this case are quite similar to the facts of the case in Echelon General Insurance Company v. Her Majesty the Queen. In this circumstance, the Superior Court decided that policy remains in force till it is terminated properly. An improperly terminated policy remains in effect, which can incur heavy losses for an insurer if the premiums are unpaid for many years.
Auto policy insurers are tasked with identifying the ‘insured’ of their policy, every time they underwrite a policy.

How We Can Help

At Nanda & Associate Lawyers, our experienced Insurance Litigation lawyers understand your specific circumstances and provide tailored and customized solutions for each of them. We provide quality legal counsel and personalized care to ensure your claim receive successful outcomes. Call us today to file your claim or defend yourself against one.

28 May

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Waivers: Occupiers Liability Act vs. the Consumer Protection Act

Waivers: Occupiers Liability Act vs. the Consumer Protection Act

We’ve all done it: engaged in some risky activity like skiing, been asked to sign a waiver, skimmed through it quickly, signed, and thought little about it as we enjoyed ourselves on the slopes. But did you know that the waiver you signed can have serious implications for yourself and for the company operating the service? Below we will help explain what a waiver is, what some of the implications of signing a waiver are, and recent clarifications to the laws that apply.

What is a “waiver of liability”?
A waiver of liability has two basic purposes. The first is threefold: to warn you (the consumer) of potential risks of participating in an activity; to show that you understand the risks; and to confirm that you consent to participate in the activity, knowing the risks involved. The second is to take away any legal liability from the company or operator in the event of your injury or death.

What are the implications?
In most cases where there is assumed risk with an activity – such as skiing – the waiver is a way to indicate that you are aware of and agree to assume the risk of the activity. This helps to protect the operator because regardless of the care they put in to making the experience safe, there is always a risk someone may be injured due to the nature of the activity.

However, sometimes signing a waiver can mean that if the operator or its employees were negligent you do not have any legal recourse because the operator is protected by the waiver. Basically, a waiver can be used as a defense by the operator if you are injured and want to sue for damages.

This isn’t always the case though, and it will depend on whether the waiver is enforceable. There are many factors that will be considered in the enforcement (or non-enforcement) of a waiver, including the clarity of the wording and the relevant law.

The implications of signing of waiver can be unclear and confusing – Are you giving up your right to sue? Will the operator be held liable? Will the waiver be enforced? – so it’s good to consult a lawyer if you’re concerned about the document you’re asked to sign. But it may also help to know a little about what the law says on the issue of waivers and liability.

The Law: Occupier’s Liability Act vs. Consumer Protection Act

When you sign-up to participate in risky activities on someone else’s property, such as at a ski resort, you will undoubtedly be asked to sign a waiver. And more than likely that waiver will include a provision that protects the operator if you injure yourself during the activity and decide to sue. But whether or not the waiver bars you from suing can be unclear. Especially since there are two applicable, but conflicting, laws.

The first, the Occupier’s Liability Act (OLA), says that an operator can ask that you sign a waiver of liability that they can use as a defense against legal liability if you are injured. The second, the Consumer Protection Act (CPA), says that as a consumer you cannot waive your right to sue. It can get pretty tricky – which law do we follow, the one that allows for a waiver of liability, or the one that doesn’t?
Well, the Court of Appeal helped us answer this question in the recent case, Schnarr v Blue Mountain Resorts Limited. The court ruled that when an activity falls under both the OLA and the CPA, then waivers are allowed and can be used as a defense by the operator. Essentially, the OLA trumps the CPA, and as a consumer you can waive your right to sue by knowingly and willingly assuming the risks involved in inherently risky activities.

This is just a basic idea of where the laws around liability stand and when an operator may be liable for your injuries and when they’re not. However, there are also many context specific factors that are considered in these cases and there are implications to the recent ruling that haven’t yet been seen

If you have any questions or concerns related any specific circumstance, it is best to seek out the advice of a lawyer where the particulars of your case can be considered. At Nanda & Associate Lawyers we provide free initial consultations so that you can understand how a waiver may impact you and your rights in any given circumstance. Feel free call at 905-405-0199.

17 May

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‘Slip/Trip and Fall’ Accidents and Personal Injury Claims