The personal injury lawyers and team at Iacobelli Law Firm wish all of your clients and colleagues a happy and safe Canada Day.   Whatever your plans are for Canada Day, please remember to be responsible and safe.   

Our staff is enjoying the Canada long weekend, but as always Iacobelli Law Firm remains accessible by phone or online chat 24 hours a day - 7 days per week.  If you need the assistance of a personal injury lawyer, call us day or night.  

We are pleased to welcome Lazar Andjelkovic to our team of lawyers and staff.  Lazar is a graduate of Simon Fraser University and Osgoode Hall Law School.  Prior to joining Iacobelli Law Firm, Lazar was associated with another personal injury law firm in Toronto.  Lazar joins our team of dedicated professionals, and will assist the firm in its mission to pursue justice on behalf of accident victims and their families.

If your family member is in a nursing home or assisted care facility, you expect the best possible care and support.  Your elderly family member may be at risk for a fall, and require assistance with transfers, and activities of daily living.   There are care plans in nursing home facilities, which describe the type of care and assistance necessary.  There are trained staff to reduce the risk of harm to residents.  All of these safeguards are in place to help help protect your loved one, and let them live their life with dignity.  Nevertheless, far too often, residents in nursing home and long term care facilities are not adequately assisted, or supervised, which can, and does, result in serious injuries.  In our experience, a common incident that we see in nursing homes is a fall of the resident.  For the elderly, falls often result in serious injuries including orthopedic injuries, head injuries, brain injuries, and even death.  For the elderly, a serious fall can lead to life-threatening complications. 

Sadly, many falls occur because the nursing home failed to follow the plan of care, or failed to have sufficient trained staff on site.  If a loved one has been injured in a nursing home accident, you may want to understand how the accident occurred.  These accidents can be investigated by the Ontario Ministry of Health and Long Term Care.  In addition to the findings of the Ministry and remedies advanced by the Ministry, the injured resident and their family may also be able to bring a claim for the injury or loss.  These nursing home injury claims can be complex, as the information is controlled by the facility.  An experienced nursing home injury lawyer can assist.  Our law firm does not ask for any fees upfront, and consultations are absolutely FREE with no obligation.  If we can assist, we will usually agree to accept cases on a contingency fee retainer so that you pay nothing unless we are successful in resolving your claim.  To learn more about your rights following a serious injury at a nursing home, call us for a Free Consultation or complete our online contact form here. 

Iacobelli Law Firm is pleased to continue to support victims of motor vehicle accidents along their road to recovery.  To that end, our firm authored an article featured in the Sharing Our Recovery Newsletter and Crash Support Network.  The article discusses the rights of Ontario residents injured in auto accidents outside of their home province.  Iacobelli Law Firm has extensive experience in cross-border accident claims, including election of accident benefits, Underinsured Motorist Claims and Uninsured Motorist Claims.  We are also members of US litigation groups and can assist and support in actions that must be commenced by in the United States.  

You can read the article and the entire newsletter here.

The Disability Insurance company has denied your claim, and they have told you that you can appeal the decision: What do You Do Now?  Unfortunately, the so-called "Appeal" is with the same disability insurance company that has already denied your claim on the first go.  This really is not much of an appeal process, as you will not have an independent adjudicator reviewing the file and determining whether the Disability Insurance company acted appropriately or not.  In our experience, when a person is denied disability benefits, the decision is rarely overturned where the person attempts an appeal on their own.  Disability insurance companies are experienced in reviewing claims and determining those circumstances where a claim may be denied.  The denial of claims saves thousands of dollars for the Disability insurance company.  Those applying for disability benefits may feel that their claim has merit, and they are genuinely disabled and unable to continue working.  Unfortunately, this is not always enough to be successful in a disability claim.  That is why an appeal of the denial, without more, is rarely successful.  

At its core, the disability claim is seeking to enforce a contract.  In exchange for premiums paid on the policy, the Disability Insurance company has promised to pay benefits where specific conditions are met.  It is all in the details of the policy.  In order to be successful, you must be familiar with the terms of the policy and the conditions upon which the insurer is responsible to pay. That is why a disability insurance claims lawyer can be so helpful in the process.  We can review the circumstances of your disability, and look carefully at the terms of your contract to assess the strength of your claim.  With the right guidance and information, our experience has been that claimants are ultimately paid for their disability claim.  Of course, every case and circumstance is different and that is why it is important to have a lawyer look at the particular details of your claim.  

To learn more about your rights following a denied Long Term Disability claim, or for a FREE CONSULTATION with a disability claims lawyer call us at 416-900-1070.  We help with disability claims throughout Ontario.  

In the context of a disability insurance policy, the term "total disability" usually does not mean that the person is completely incapable of carrying on a normal life.  Although insurance companies will often stress the significance of totally disabled, the test is not as restrictive as they may have you believe.  Instead, a total disability refers to the person's ability to engage in the essential or important tasks of employment or occupation.  In disability insurance policies, total disability will depend on the contract definitions. 

Often, in the first two years following the onset of a disability, the test for total disability may focus on the person's ability to perform the duties of their own job.  The test for total disability may be met if the person is unable to perform the important or essential parts of their own occupation. 

Following the first two years, the test may change to be more restrictive.  Often, to obtain disability benefits beyond two years, a total disability may be established where the person is unable to work in any occupation for which they are suited by education, training or experience.  

There are many court decisions interpreting the meaning of a total disability for a person's own occupation and any occupation.  If an insurance company has declined disability benefits, you should consult with a lawyer about your rights.  Iacobelli Law Firm may be able to assist you in recovering disability benefits if you have been unfairly denied benefits.  For a FREE, no obligation, Consultation call us 24/7 at 1-866-234-6093 or complete our online contact form here.  

Ontario courts will apply the laws of the State where the accident occurred in determining the available remedies to the plaintiffs (lex loci), but the laws of Ontario would govern the quantification of such remedies (lex fori). A narrow exception to this rule may apply if it would be unjust for the plaintiffs to not have a remedy against the defendant according to the laws of the state where the accident occurred. If this is the case, the lex loci rule would not apply, and an Ontario court would apply the laws of Ontario to determine the available remedies to the plaintiffs as well as the quantification of same.

In Canada, case law generally establishes that substantive issues are governed by the law where the tort occurred or the lex loci, while procedural issues are  governed by the law of the forum or the lex fori.  This has been expounded in the case of Tolofson v. Jensen. The Supreme Court of Canada held that, generally, the substantive law of the State where the accident/tort occurred will be applied to the case even when the case is litigated in Ontario. However, the procedural rules of Ontario, where the case is proceeding, will govern all procedural steps. 

According to the decision in Tolofson, remedies that are available to the plaintiff are not considered to be procedural rules; rather, they affect the existence, extent and enforceability of the rights or duties of the parties, and should thus be characterized as substantive.  On the other hand, issues relating to the quantification of the remedies has been held to be procedural and, as such, are governed by the law of the forum in which the action is brought.   With that being said, there is a narrow exception to the Tolofson rule.  Namely, where the operation of the lex loci rule would result in an injustice, the courts have held that the appropriate law to apply is that which is most connected to the parties, not the lex loci delicti. 

In Hanlan et al. v. Sernesky, one of the plaintiffs was injured as a result of a motorcycle accident in Minnesota. That plaintiff sued the driver of the motorcycle in which he was a passenger for damages arising from personal injury, while the other plaintiffs brought claims under Ontario’s Family Law Act, R.S.O. 1990, c. F.3 (“Family Law Act”). The Court exercised its discretion to apply Ontario law rather than Minnesota law. In Justice Platana’s reasoning, he noted that there was a connection to this action in both Minnesota and Ontario. However, he found that the only real connection to Minnesota was that the accident took place there. Not only were the parties all residents of Ontario, but the defendant’s motorcycle was registered in Ontario and subject to a motor vehicle liability policy that was issued in Ontario. As a result of the Court concluding that the law of Ontario was to be applied, Ontario’s Family Law Act applied, and the plaintiff’s family was able to pursue compensation pursuant to Ontario’s Family Law Act.  In Hanlan, it was held that, in the circumstances, the operation of the lex loci rule would cause an injustice and, as such, the appropriate law to apply was one that is most connected to the parties, not the lex loci delicti. 

Sometimes cross-border accident claims will result in remedies both in Canada and the United States.  This is particularly common in the case of a Canadian injured in a car or motorcycle accident while visiting the United States.  Iacobelli Law Firm has experience with cross-border auto accident cases, and we can assist in determining whether your case will need to proceed in Canada or the United States or both.  For a FREE CONSULTATION, call us to learn more about your rights following a cross-border accident.  

Lawyer Andrew Iacobelli is admitted to practice law in Ontario, Florida and Michigan, and is called to the Federal District Courts in the Northern, Middle and Southern Districts of Florida.  Andrew has represented many Ontario residents that have been injured in auto and motorcycle accidents in the United States, including accidents in the States of Michigan, New York, Florida, Ohio, West Virginia, Texas, California, Indiana, Pennsylvania, and Illinois.  Andrew Iacobelli is  also regularly consulted by US attorneys with cross-border injury claims that require coordinating insurance claims in Ontario and the United States.

Ontario residents that are injured in car accidents while visiting the United States, often find that the at-fault driver did not have adequate auto insurance coverage.  Fortunately, insured Ontario drivers will usually have a claim for underinsured or uninsured motorist coverage from their own auto insurance policy.  This coverage allows an Ontario resident to recover their losses, even where the at-fault driver did not have adequate insurance.  The coverage is available no matter if the accident occurs in Canada or while in the United States.  

The interesting point here, is that Ontario residents injured in the US often have greater rights than if injured while home in Ontario.  Anyone that is injured in an auto accident while in Ontario, will usually be subject to Ontario insurance laws that unfairly protect big insurance company profits at the expense of accident victims.  The victim's claim is reduced by nearly $40,000 - a savings to the insurance company - known as the deductible. There is also a threshold that extinguishes many meritorious claims.    

In the case of an Ontario resident that is injured in the United States, however, these harsh Ontario laws do not apply.  Although the claims will be advanced in Ontario, the law on liability is that of the jurisdiction where the accident occurred.  Ontario insurance companies will still be entitled to the protections of Ontario law on damages.  In this case, however, the case law in Ontario is well established that the threshold and deductible are liability laws rather than damages laws.  As such, Ontario residents injured in a car accident that occurs outside of Ontario will usually have greater rights to fair and adequate recovery than those injured in Ontario.  Why?  Because Ontario law on liability will not apply and the victim will have the benefit of the law of the province or state where the accident occurred.  Although it is possible that the law in the other jurisdiction is also unfair to victims, in our experience with many claims on behalf of Ontario residents injured in the United States, we have never encountered any US State that has laws that disadvantage auto accident victims to the extent of those in Ontario.  What does this mean for you if you are injured in the United States by a driver with little or no insurance?  Well, provided you are covered under a valid Ontario auto insurance policy, you are probably going to be better off in terms of rights to financial recovery because the accident occurred outside of Ontario. 

If you are a Canadian injured in an accident while travelling to the United States, you probably have questions about whether you have claims in Canada as well as the US. You should get the advice of an experienced lawyer before making any decisions.  Lawyer Andrew Iacobelli is admitted to practice law in Ontario, Florida and Michigan, and has represented many Ontario residents that have been injured in auto and motorcycle accidents in the United States, including accidents in the States of Michigan, New York, Florida, Ohio, West Virginia, Texas, California, Indiana, Pennsylvania, and Illinois.  We are also regularly consulted by US attorneys with cross-border injury claims that require coordinating insurance claims in Ontario and the United States. We are happy to  review your case, and help you determine the best course of action to maximize your claim recovery.  Lawyer Andrew Iacobelli is a admitted to practice law in Ontario, Michigan and Florida and has offices in Ontario and Florida.   For a Free Consultation, and to learn more about your rights, call us at your convenience at 416-900-1070 or complete our online contact form here. 

Iacobelli Law Firm named a Three Best Rated personal injury law firm in our community in 2019.  We are thankful for having been selected among the Three Brest Rated law firms again this year.  We also received this honor in 2018.  

Three Best Rated® identifies the top 3 local businesses, professionals, restaurants, health care providers, etc., in any city. Businesses named are handpicked based on reputation, reviews, history, complaints, ratings, nearness, satisfaction, trust, cost, general excellence, and reputation.  

Iacobelli Law Firm is committed to pursuing justice and advocating for our clients with fairness, integrity, and civility. We are privileged to serve our clients, and our community.  We are thankful for the recognition and positive feedback.