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Examination Under Oath (“EUO”)

You have been injured in a motor vehicle accident (“MVA”) or suffered a house fire and have property damage. You notified your insurance representative, completed all the necessary paper work, such as an Application for Benefits for MVAs. Now it is time for your representative to investigate the incident and you may be asked to attend an EUO.   But what is an EUO? Firstly, it is important to note that in relation to an MVA, the Ontario Statutory Benefit Schedule requires that you cooperate with your insurance representative and attend an EUO. While property damage claims do not have the same obligation, it...

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Long Term Disability (LTD)

What happens if you're injured and you cannot work? If you are under an insurance policy, you may be able to apply for disability benefits. Typically, one starts off with applying for short-term disability benefits and if that ends and you are remain injured, consider applying for long-term disability benefits (LTD). How does it work? Every disability policy is different and it is important to consult and carefully read your coverage booklet. This should give information on how to apply for it, what the criteria is and definitions of specific terms unique to your policy. LTD may provide benefits to you...

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Slip and Falls – what does it mean and what do you do?

Winter months are here again, and as slip and falls are inevitable, please keep in mind the following: You may be entitled to compensation for any injuries you suffered because of a fall. You could sue the owner, any property managers or maintenance companies – parties who are responsible for the property in question. To do so, you will need to prove: A) that your injuries are a direct result of the slip and fall on that particular premise; and B) the owner and other related parties failed to act or were negligent. Legislation In Ontario, the Occupiers’ Liability Act governs slip...

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Changes to Rule 76- Simplified Procedure, What Does This Mean?

As of January 1, 2010, changes have been made to Rule 76 and they include: • Increase in monetary jurisdiction to $200,000 • No distinction between ordinary and summary trials • Jury trials are permitted only in matter of slander, libel malicious arrest or prosecution and false imprisonment • Oral discovery is increased to 3 hours • Pre-trial conferences must be scheduled in compliance with rule 50.02 • Parties must agree to trial management plan 30 days before the pre-trial conference • 5 days before the pre-trial conference, parties must file a copy of this proposed trial management plan, along with expert reports, AOD, other documents and...

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Digital assets often overlooked in Estate Planning

CHRIS ATCHISON Special to The Globe and Mail Published Tuesday, Apr. 18, 2017 4:54PM EDT Last updated Tuesday, Apr. 18, 2017 4:54PM EDT For high-net-worth individuals, estate planning is crucial. And if they are business owners, a separate, corporate will is needed for property and equipment and to ensure ownership succession. But what about digital property? It makes up an increasingly substantial aspect of most peoples’ personal wealth and business dealings, yet it is often overlooked. Indeed, in the digital era, assets extend beyond the shares in an investment portfolio, the art on the walls or a cottage up north. It’s vitally...

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