October 2013 Archives

Statutory Deductible in Motor Vehicle Cases

In Ontario, under the Insurance Act, motor vehicle cases were damages for pain and suffering are awarded under the sum of $100,000.00, a $30,000.00 statutory deductible applies. It is argued that the logic behind a statutory deductible is generally considered to be to deter modest claims by those with modest injuries.

Reviewing Old Caselaw: Taking the Taxi to Daycare

The taxi company was using a normal 4 door sedan to transport children, aged 3 to 6 years old to a local school. The taxi company loaded up to 8 kids into the car at a time. The problem was that the locks on the back door of the car were of the push down button type on the top of the door. There was nothing preventing the kids from pulling up the lock knob and no other safety devices were on the door. One day, one of the children, aged 5, opened the left rear door and fell out of the car thereby suffering injury. This happened even though the driver warned the child to not touch the lock and she had made sure, before putting the car in motion, that the lock was actually pushed down. 

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