Offices in Toronto, Huntsville and Bowmanville

Office Locations

Toronto

220 Bay Street Exterior
  • 220 Bay Street, Suite 1400, Toronto, ON M5J 2W4
  • 1 (800) 661-7606 (Toll Free)
  • (416) 360-1194
  • (416) 360-8469
  • info@dcmlaw.ca

Huntsville

322 Muskoka Road North
  • 322 Muskoka Road 3 North, Huntsville, Ontario P1H 1C4
  • 1 (866) 788-3740 (Toll Free)
  • (705) 788-3740
  • (705) 788-3751
  • info@dcmlaw.ca

Bowmanville

222 King Street East
  • 222 King Street East, Suite 207, Bowmanville, ON L1C 1P6
  • 1 (877) 652-3201 (Toll Free)
  • (289) 316-1301
  • (289) 316-0495
  • info@dcmlaw.ca

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Frequently Asked Questions

Motor Vehicle Accidents

Read this post for the 7 most important things you need to know after being involved in a motor vehicle accident in Ontario.
Yes. In Ontario, you have two years to issue a claim from the date of the motor vehicle accident. There are, however, other notice and application deadlines for accident benefits that must be followed. If you have been involved in a motor vehicle accident, you should promptly seek legal advice to avoid missing any important deadlines.
Broadly speaking there are three categories of damages you can claim:
 
  • general damages (or pain and suffering damages)
  • income loss
  • cost of care
The Insurance Act provides for a number of complicated restrictions and deductions that apply only to motor vehicle accidents. You should request a consultation with a lawyer to get a better sense of what your case might be worth. Some cases involving minor injuries may unfortunately be very limited in terms of what compensation could be available.
Yes. Individuals who have been injured in motor vehicle accidents are eligible to claim no-fault accident benefits to assist with certain accident related expenses including medical/rehabilitations costs, attendant care, and income replacement.
In addition to assisting you with your lawsuit, we can help you with your Accident Benefits claim to ensure you receive the maximum support you need right after your accident.
Yes, you may still be able to make a claim. Just because you were charged for the motor vehicle accident does not necessarily make you 100% at fault from a civil lawsuit perspective. You may also have significant benefits available to you through your own Accident Benefits insurer.
 
If there is a significant concern about the liability of the accident, you should contact a personal injury lawyer immediately for legal advice.

Long-Term Disability Insurance Denials

When insurance companies denies your long-term disability benefits, they will often offer you the opportunity to appeal the decision and/or to provide fresh evidence. For the vast majority of clients, this will be a big a waste of time. Once the insurance company has denied your benefits, they are unlikely to reinstate them prior to litigation.
 
It is our experience that our clients’ needs are best served with prompt legal action which will often bring about a resolution of their claim faster than any internal appeal process with the insurance company.
This is a very common question. Virtually all long-term disability insurance policies have a provision that offsets what you receive from CPP-D from what the insurer must pay you. These provisions will often say something along the lines that the insurance company can deduct CPP-D benefits that you should be receiving but are not due to a lack of trying.
 
There may be an issue as to how far you must go to fight for CPP-D benefits if they are denied. It is, however, our general recommendation that any person who is on long-term disability benefits for a long time should at least make an application for CPP-D.
 
Contact us to request an opinion on the facts of your specific case.
In Ontario, there is a general limitation period of two years to sue for a long-term disability denial which arises from the date of the denial. Long-term disability benefits are contractual and therefore you would want to review your policy to be certain of the limitation period.
 
There is, however, often no reason to wait to bring a long-term disability claim if you have been denied. At Davidson Cahill Morrison LLP we would typically recommend prompt legal action for any client denied long-term disability benefits.

Occupiers' Liability Claims

Yes. In Ontario, you have two years to issue a claim from the date of the incident.
 
It is extremely important to know that with respect to claims against municipalities there may be a 10 day written notice period from the date of the incident. Failure to comply with this notice may result in your case being dismissed.
 
If you have suffered personal injury from a fall, you should promptly seek legal advice to avoid missing any important deadlines.
Broadly speaking there are three categories of damages you can claim:
 
  • general damages (or pain and suffering damages)
  • income loss
  • cost of care
The assessment of a personal injury claim can be complicated. You should request a consultation with a lawyer to get a better sense of what your case might be worth.
Some cases involving minor injuries may unfortunately be very limited in terms of what compensation could be available.
Yes.
 
An owner or occupier of a property can be liability for personal injury arises from their failure to take reasonable care to avoid such injuries. It does not matter whether it was public or private property.
 
Contact a lawyer now to request a consultation on whether you may have a claim for personal injury arising from an injury on a property.

Medical Malpractice Claims

Medical malpractice is complex and challenging. Every case is different.
 
Read this post for the answers to the most important questions every client should be asking when considering whether to pursue a medical malpractice lawsuit.
The College of Physician and Surgeon’s of Ontario (“CPSO”) complaint process can be a helpful way to screen a potential medical malpractice claim without having to incur a lot of legal costs. Although most complaints find no wrong doing on the part of the physician, the CPSO will often uncover obvious breaches in the standard of care that might otherwise not be apparent simply from a review of the medical records.
 
What the CPSO can do is provide some reassurance that a particular case does appear to have merit, which can in turn help guide decision making with respect to pursuing a a claim in medical malpractice.
Read this post for more information on whether you should file a formal complaint against your physician.