Keeping you in the loop
Blogs & NewsAt MacDonald Injury Lawyers, we work hard to keep our clients informed and up-to-date with emerging industry news and knowledge. Every week we post new stories and articles intended to provide valuable and informative information to our clients.
Ontario’s civil procedure overhaul: From fishing expeditions to reliance-based disclosure
Ontario’s civil justice system is on the cusp of its most sweeping transformation in over a century. The Civil Rules Review 2025, launched by Chief Justice Geoffrey Morawetz and Attorney General Doug Downey, is not simply tinkering at the edges — it’s a fundamental reimagining of how litigation is conducted in this province.
From crisis to reform: Understanding Ontario’s new civil procedure framework
The Ontario civil justice system is on the brink of its most significant transformation in decades. Having spent nearly two weeks analyzing the Civil Rules Review: Phase 2 Consultation Paper, attending the civil procedure overhaul meeting led by Justice Cary Boswell and Allison Speigel, and reflecting on how these changes will reshape litigation, I can affirm: this is not incremental tweaking. It is a root-and-branch reimagining of civil procedure, inspired by successful models in the United Kingdom, Australia and New Zealand.
Stress, Aggressive Driving, and Accident Benefits: What Pourkhodayar Teaches Us About SABS Claims
Facts and Main Issue In Pourkhodayar v. The Personal Insurance Company, the appellant, Reheleh Pourkhodayar, was rendered paraplegic after a spinal cord hemorrhage. The incident occurred during a stressful highway encounter with aggressive motorcyclists, which led her...
Legal Spotlight: Priority Disputes Under the Evolving SABS
By: Chris MacDonald Priority disputes arise when multiple insurers could be responsible for paying accident benefits under the Statutory Accident Benefits Schedule (SABS). In Ontario, these disputes determine which insurer is on the hook first, often leading to...
Family Members’ Rights to Compensation: Applying the FLA for Attendant Care and Loss of Guidance
In Ontario, the Family Law Act (FLA) grants certain rights to family members of an injured person, including the ability to claim compensation for expenses and losses arising from a loved one’s injuries.
2025 Statutory Deductibles: Understanding the New Pain and Suffering Thresholds
Recent changes to Ontario’s motor vehicle accident legislation have once again increased the statutory deductibles applied to pain and suffering awards. As of January 1, 2025, higher deductibles for both general damages and Family Law Act claims mean that injured plaintiffs must meet a loftier monetary threshold before receiving the full value of their compensation.
Ontario Court of Appeal Affirms the Discoverability Rule in Income Replacement Benefits Disputes
In a significant decision, the Ontario Court of Appeal confirmed that the principle of “discoverability” applies when determining whether an insured person’s claim for Income Replacement Benefits (“IRBs”) under the Statutory Accident Benefits Schedule (“SABS”) is time-barred. This ruling makes it clear that an accident victim’s two-year window to apply to the Licence Appeal Tribunal (“LAT”) may not begin until they actually discover their entitlement to IRBs.
Maximizing Compensation in Personal Injury Claims: A Roadmap for Ontario Clients
As a seasoned personal injury lawyer practicing in Ontario, I’ve witnessed the transformative impact that fair compensation can have on my clients’ lives. When you’re dealing with the aftermath of an accident, every dollar matters. Whether it’s medical bills, lost wages, or emotional distress, seeking the maximum compensation is not just a legal pursuit—it’s your right.
Understanding Catastrophic Impairment in Personal Injury Law
The term “catastrophic impairment” carries significant weight in the context of personal injury litigation. It marks the threshold beyond which an injury is not just debilitating but life-altering. For victims and their families, understanding what constitutes a...
Active Approach to Pediatric, Adolescent and Young Adult Brain Injury Recovery: Funding, Education, Advocacy, and Medical Expertise
After a car accident causes brain injuries to young people, a whole person and family-centred multidisciplinary approach becomes pivotal for healing. This article discusses medical professionals, educational experts, therapy methods and advocacy. It emphasizes timely...
Understanding Personal Injury Claims: A Roadmap for Victims
When you’re navigating the aftermath of an accident or injury, understanding the fundamentals of a personal injury claim is essential. Let’s delve into the key points that will empower you as you seek justice and fair compensation. Understanding Personal Injury Claims...
Finding the Right Lawyer for Your Recovery
When you’re facing the aftermath of an injury, the road to recovery is not just physical—it’s legal, emotional, and financial. Finding the right personal injury lawyer to walk this path with you is more than a choice; it’s a partnership.