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Nigel Gilby's Archive

Understanding Vehicle Damage Claims in Car Accidents

Winter is here!  There is no question that with the recent onslaught of snow squalls hitting Ontario we are having a wet and icy winter.  With the snow and ice come poor road conditions, and poor road conditions demand greater responsibility from all motorists.  Yet, inevitably, there will be bad drivers and car accidents.  What […]...Read More

Transition To The New Statutory Accident Benefits Schedule – Effective September 1, 2010

The Financial Services Commission of Ontario has now issued Bulletin A – 04/10 the Transition Bulletin) addressing the transition rules for pre September 1, 1010 accident benefit claims under the Statutory Accident Benefits Schedule – Effective September 1, 2010. The purpose of the Transition Bulletin is to provide much needed clarification of the transition rules […]...Read More

New Changes to Automobile Legislation

When the original insurance law reforms were brought out back in 1990 and with each subsequent change, they have been led by fanfare from the government of the time that they were a simplification of the benefits available to people involved in motor vehicle accidents who sustained injuries. They more clearly defined peoples' rights and entitlements. They were for the purposes of speeding up the delivery of rehabilitation to injured people and last, but not necessarily least, were certainly intended to reduce the amount of litigation and the role of lawyers in automobile accident claims whether first party benefits with their own no-fault insurance carrier or tort claims brought against the party or parties at fault.

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What is an Accident?

Fasten your seatbelts: When is a Motor Vehicle Accident Really an "Accident" and what constitutes a "Motor Vehicle" for insurance purposes?

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Ask a Silly Question and Get a Silly Answer: Practical Advice for Posing Questions to Juries

Careful planning of the questions to be submitted to a jury prior to trial will go a long way in putting together an effective case for your client. Ask-a-Silly-Question-and-Get-a-Silly-Answer-Practical-Advice-for-Posing-Questions-to-Juries...Read More

Catastrophic Impairment Determination: Desbiens & Beyond

By now, most lawyers and physicians dealing with personal injury cases are aware that there is a significant difference in calculating the entitlement and quantum of accident benefits depending on whether an injured person has a catastrophic injury as opposed to a non-catastrophic injury. Suffice it to say that the entitlement to accident benefits is […]...Read More

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