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.  

In this series of posts, we will discuss some of the common misconceptions that people have after a car accident injury. 

​Misconception 1: I have insurance, so I don’t need a personal injury lawyer.  

Following a car accident injury, many people believe that their insurance company will take care of everything for them.  While most people do not need a lawyer to deal with the insurance claim for the damage to their car or truck, it is a misconception to think that a personal injury claim is the same.  Injury claims, however, are not the same as property damage.  The entitlement to benefits is complicated by numerous definitions and tests for eligibility.  Often times, injury claims, will involve multiple insurance companies.  Even if the insurance company makes an offer to an injury victims, caution should be exercised before accepting and settling the claim.  It is important to remember that insurance companies are a for-profit business. As such, an initial offer from the insurance company to settle your claim may be less than the full amount that you may be entitled to. Negotiating with the insurance company could result in an unfair settlement.   Furthermore, the insurance company may ask you to provide a statement, which could be later used against you to undermine or defeat your claim. If you or a loved one is injured in a car accident, it is always in your best interest to talk to an experienced personal injury lawyer— a lawyer who is working for you.  An injury lawyer can evaluate your claim help you to make informed decisions for your future.  

To learn more, contact the injury lawyers at Iacobelli Law Firm. 

During the first week of 2019, there were 19 impaired drivers charged in York Region.  According to York Regional Police, all 19 drivers were charged with criminal driving offences.

The names of the drivers charged can be found on the York Regional Police website.

Iacobelli Law Firm reminds drivers to be responsible and avoid driving if you may be impaired.  If you or a family member has been the victim of an accident caused by an impaired driver you may have rights.  To learn more about your rights,call us for a FREE consultation.  

The injury lawyers and team at Iacobelli Law Firm extends a Merry Christmas and Happy Holidays to all of our clients and colleagues.  We understand that this time of the year can be particularly difficult for victims of serious injury, and for families that have lost a loved one, due to a careless accident.  We hope that all of our clients will find comfort and some measure of joy this Holiday season and throughout 2019.  

Sincerely,
Iacobelli Law Firm

Canadians travel frequently to the United States to visit friends or family, for vacation and for work.  When a Ontario resident is involved in a car accident while visiting the United States, they will often have access to Canadian and US insurance benefits. Quite often, when a Canadian is injured in a car accident in the USA, the claims for losses are primarily paid by a Canadian auto insurance policy.   

Fortunately, auto insurance policies issued to drivers and automobile owners in Ontario, provide coverage throughout Canada and the United States.  These policies include first-party accident benefits, as well as coverage for liability and underinsured and uninsured motorists. 

​With respect to the first-party benefits, an Ontario resident will have the option of electing benefits of either Ontario or the State where the accident occurred, in the case of a car accident in the United States.  The election cannot be changed, so it is important to understand the difference between Ontario benefits and the place of the accident before making an election of benefits on your accident benefits claim.  

Most US states also have lower minimum insurance requirements for their drivers and vehicles.  As such, many Canadians from Ontario will also need to consider advancing an Underinsured or, sometimes, Uninsured motorist claim.  These claims must be commenced in the Province of Ontario, even though the accident occurred in the United States.  Canadian courts have recognized that Ontario residents injured in an accident in the United States have a direct right to commence the  Underinsured or Uninsured claim independently of any claim they might also have against the at-fault driver in the United States. See, Somersall v. Friedman, 2002 SCC 59 (CanLII), [2002] 3 S.C.R. 109; Johnson v. Wunderlich (1986), 57 O.R. (2d) 600, 1986 CanLII 2618 (ON CA), 1986 CanLII 2618 (C.A.); Forsythe v. Westfall, 2015 ONCA 810.

It is important for Ontario residents to realize that they may need an Ontario car accident injury lawyer, even if they have hired a personal injury lawyer in the United States.  Although the U.S. lawyer will be able to advance the claims against the at-fault driver in the United States, they will not likely be familiar with the first-party claims for accident benefits, and underinsured motorists benefits.  

Iacobelli Law Firm regularly represents Canadians in their insurance claims following a car accident in the United States.  Lawyer Andrew Iacobelli has experience in Ontario and the United States, and is licensed in Ontario, Michigan and Florida, and is a member of trial lawyer organizations in Canada and the United States.  We have relationship and a network  with many lawyers throughout the United States, giving us the ability to assist Ontario residents with representation in Ontario, and we can also introduce you to lawyers in the U.S. to advance any part of the claim that must be commenced in the jurisdiction where the accident occurred.  

If you are a Canadian (Ontario) resident and have been injured in a car accident in the United States, we may be able to assist.  We provide FREE CONSULTATION with no obligation to prospective clients.  The Consultation is Free, Confidential and without any obligation on your part.  Call us any time, day or night, to learn more about your rights or to request a free consultation with a lawyer by calling 1-866-234-6093 or completing our contact form here.  

On November 15, 2018, a pedestrian sustained serious injuries after being hit by a car in the Town of Whitchurch-Stouffville, Ontario.  According to York Regional Police, this pedestrian accident occurred at 9:20 am at the intersection of Tenth Line and Main Street. 

The victim, a 78 year old woman from Stroufville was struck by a White Hyundai Tucson.  The female pedestrian was transported to hospital in life-threatening condition.  

First and foremost, the injury lawyers at Iacobelli Law Firm sincerely hope that the victim of this pedestrian accident makes a complete and speedy recovery from her injuries. 

Ontario Drivers Owe Duty of Care to Pedestrians
When a pedestrian is struck by a car or other motor vehicle in Ontario, there is a presumption of negligence against the driver.  This reverse onus for pedestrian accidents is created by the Highway Traffic Act.  
 
In accidents involving serious injuries or death due to pedestrian and motor vehicle collisions, it is extremely important to have the advice and counsel of an Ontario personal injury lawyer.  Early preservation of facts and witness accounts is critical to the issue of liability.     

Pedestrians injured as a result of a car accident may be entitled to compensation from two sources:

•     Accident Benefits from your own automobile insurance policy or from the insurance for another vehicle involved in the accident

•     Tort Claim against the at-fault driver for compensation, including damages that are not available through accident benefits, such as pain and suffering. 

To learn more about your rights following a serious accident, contact the experienced personal injury lawyers at Iacobelli Law Firm for a FREE, No Obligation Consultation.  We will meet with you and answer your questions.  Call us 24/7 at 416-900-1070 or complete our online contact form here to request a call back.