Are Vacation Benefits Deductible From Awards of Damages?

In principle, vacation benefits are different than sick leave benefits. While sick days are akin to an insurance plan (i.e. there when needed), vacation benefits are part of the employee’s basic remuneration package and are expected to be used yearly to maintain productivity, not to treat illnesses. Thus, they are more akin to a pension…

Minor Personal Injury Cap – 2013 to Date

Contrary to the 2003 Injury Regulation, supra, the new regulation provides a list of specific ‘minor personal injuries’. They are: abrasions, contusions, lacerations, sprains, strains and whiplash associated disorders, “including any clinically associated sequelae” for each, “that do not result in serious impairment or in permanent serious disfigurement”. A ‘sprain’ is “an injury to ……

Are Sick Leave Benefits Deductible from Awards of Damages?

The 1996 amendment to the insurance Act, supra, refers expressly to “sick leave plans”: s. 265.4(1)(b). Before then, sick leave credits used as a result of an injury could potentially be claimed if the evidence showed that they were cashable at the time of retirement or if there was an undertaking to reimburse the employer…

Medical Treatment Covered by No-Fault Insurers

Medical Treatment Covered by No-Fault Insurers

When the insured party survives a car collision but requires treatments, the insurance policy provides for medical coverage. The treatments covered are defined as follows in the contract: The insurer will pay with respect to each insured person who sustains a bodily injury as a result of an accident reasonable expenses resulting from the accident…

What to do if you’re injured in a motor vehicle accident and the other driver doesn’t have insurance
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What to do if you’re injured in a motor vehicle accident and the other driver doesn’t have insurance

Some drivers do not have insurance covering their vehicles in the event of an accident. This situation exists even though it is the law for all motor vehicles to have insurance to cover medical costs, lost wages, and the other damages suffered by a victim injured in a collision. Each year, a number of motorists…

Do I need insurance to drive a snowmobile or an ATV?
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Do I need insurance to drive a snowmobile or an ATV?

Snowmobiles and ATVs in NB, NS and PEI are considered motor vehicles and must be insured, which means you have access to the same benefits that you have with a car or motorcycle. Among other things, you are guaranteed protection against a claim from another person, as well as access to medical benefits if you…

How to make an Insurance Claim against an at-fault driver?

How to make an Insurance Claim against an at-fault driver?

If you have been injured because of someone else’s negligence or recklessness, you may have the right to make a personal injury claim. A claim against the at-fault driver is usually paid by his or her insurance company. This type of claim is known as “Section A” claims. More than 95% of these claims are…

How to prepare for Oral Discovery

How to prepare for Oral Discovery

If you suffered personal injuries following a motor vehicle accident, made a claim and received a date for your Oral Discovery (or Examination for Discovery), you probably have some questions. In this article, we are giving you some general information regarding the Oral Discovery. Of course, it is in your best interests to consult with…

How is the worth of a personal injury claim calculated?

How is the worth of a personal injury claim calculated?

Before deciding to file a personal injury law claim, the individual involved usually receives an offer of settlement from the insurance company involved in the matter. Their goal, by offering compensation, is to deter the individual from filing a legal claim. With that being said, an individual will often file a personal injury claim in…

What happens if the person I got in an accident with doesn’t have insurance coverage?
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What happens if the person I got in an accident with doesn’t have insurance coverage?

If you’ve had the misfortune of being in a car accident or know someone who has been involved in one, you may know to what extent insurance coverages come into play when determining the compensation each party involved will receive. You may not know, however, that insurance companies tag onto automobile policies a coverage called…

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