Publications

Read through our various publications regarding legal issues in Litigation, Real Estate, and Insurance practice areas for information in addition to the blog section of the site. From understanding your rights in motor vehicle accidents, determining why you need a lawyer in real estate transactions, and how you can save money on your insurance premiums, learn more about a few of our firms other practice areas.

Scratches on a Car - Injury Law - Publications
Motor Vehicle Accident Claims: FAQs

If you cannot easily locate a phone number for your insurance company, contact your insurance broker. They will put you in contact with the appropriate person to report your claim.

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Publications Powers of Attorney
Powers of Attorney

A Power of Attorney for Property may save substantial time and money in the event of incapacity or an extended time away from home and is relatively inexpensive. The word Attorney in this context does not mean lawyer. A Power of Attorney for Property is a simple written document that allows someone else financial management of some or all of your property while you are alive. It can become effective now and continuously, for a limited time, or only in the event of incapacity. It can be limited to dealing with all or only certain assets of yours.

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Publications Allowable Investments
Allowable Investments

The investments a trustee can make are governed by sections 27-31 of the Trustee Act. The general rule pertaining to a Trustee’s power of investment is that a trust instrument can define the Trustee’s powers of investment. Trustees are bound by the instructions in the trust deed; the trust’s funds must be invested in strict accordance with the powers granted the trustee, regardless of what may be allowed by the Trustee Act. Should the trust instrument remain silent on investment powers, then, historically speaking, trusts were for the most part confined to judicial and later statutory lists of authorized investments.

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Publications Punitive Damages in Motor Vehicle Litigation
Punitive Damages in Motor Vehicle Litigation

In McIntyre v. Grigg et al (2006) 83 O.R. (3d), 161, the Court of Appeal, for the first time, considered the issue of whether punitive damages were available in the context of a motor vehicle accident claim. I had the privilege of arguing this appeal after my partner David Smye obtained a very favourable verdict from a Hamilton jury. While the majority in the Court of Appeal upheld the jury’s award for punitive damages, the quantum of the award was reduced substantially.

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Publications Claims of Privilege
Claims of Privilege

Particularly with the advent of no-fault insurance schemes, more and more people are finding themselves embroiled in litigation with their insurance companies. Whether an insured is bringing an action against their insurer for failing to pay accident benefits, disability benefits, life insurance benefits or property damage claims, a common allegation in any Statement of Claim is that the insurer breached its duty to act in good faith.

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Publications Road Design and Maintenance Actions
Road Design and Maintenance Actions

In tort law, there are few areas that are subject to as much judicial and legislative attention as liability of public authorities for the design and maintenance of roadways. This is a field of law that is very much driven by statute. The Municipal Act, 2001, SO 2001, c 25 and the Public Transportation and Highways Act, RSO 1990, c P.50 and regulations made under those Acts contain a number of provisions that potentially shield road authorities from liability for otherwise negligent actions or omissions. Those provisions are not infrequently varied, changed or repealed. Any change can lead to uncertainty and litigation.

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Publications Cross Border Jurisdictional Questions
Cross Border Jurisdictional Questions

Michael Winward received his LL.B. from the University of Western Ontario in 1983. He was called to the Bar of Ontario in 1985 and immediately commenced employment with Mackesy Smye LLP, becoming a partner in 1990. Michael restricts his practice to civil litigation with an emphasis on personal injury and insurance litigation. Michael has enjoyed being a trustee of the Hamilton Law Association and has sat on a number of its committees.

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Publications Significant Auto Insurance Savings
Significant Auto Insurance Savings

Imagine yourself standing at the bakery counter of your local grocery store. There is a sign that reads bread is 15% off. You ask for a loaf but notice that the baker has cut it in half. Fifteen percent off but for half a loaf. You say that you want a full loaf. The baker says that would cost an extra 30%. Would you buy the loaf? Of course not. The only person benefiting from this deal is the baker. Yet, this is what Premier Wynne has put onto the people of Ontario when it comes to auto insurance. Here is how it works if, for example, a car driver ran a stop sign, broadsided your vehicle and you were injured.

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Homeowners Insurance Policy

Every so often, I will get a call from someone who is having difficulty in making a claim under their homeowners insurance policy. Most of us are used to representing clients in first-party claims relative to their auto insurance policies, all of which are, effectively, exactly the same, regardless of the insurer. However, homeowners policies are not always the same. While many policies have similarities, there are numerous Riders and Endorsements which can make coverage unique to the individual insured.

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