1. How do I contact my insurance company?
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.
2. What if I am contacted by a representative from the insurance company for the person responsible for the accident?
You have no obligation to speak to such a person. We very strongly recommend that you do not speak to the insurance company representing the at-fault motorist until you have first consulted with an experienced personal injury lawyer.
3. How do I find an experienced and highly competent personal injury lawyer?
Ask other people who may have experience in personal injury cases such as the social workers and health care professionals at the hospital. Search the internet. Ask your doctor if he or she has had any dealings with a particular personal injury law firm. The lawyers at Mackesy Smye enjoy an outstanding reputation in the community. Feel free to ask others about us.
4. What if I feel that my insurance company is starting to decide who my treatment providers are going to be? Do I have any say?
Your insurance company does not have the right to dictate the nature or extent of your treatment. Although the insurance company may be obliged to pay for such services, your health care remains in the hands of your physicians and other health care professionals who are treating you. This is an area in which injured people frequently require the services of an experienced personal injury lawyer to ensure that the insurers live up to their obligation towards their insured.
5. How much do personal injury lawyers cost?
You should not be hesitant in openly discussing fees with your lawyer. At Mackesy Smye, we do not ask for any fees until your case has been successfully completed. Our fees are paid out of the recovery we obtain on your behalf. The initial consultation with all lawyers in our firm is free. If your injuries prevent you from attending at our office, we attend at either your home or the hospital.
The recent case of Clark v. Kwasney decided by Mr. Justice Reid here in Hamilton further emphasizes the difficulty of establishing “squatters’ rights”. Counsel (Bordin and Brisbin) were unable to convince their clients to settle and therefore the matter proceeded in an expeditious manner to a hearing. The result was a split decision. The fenced area was lost and the unfenced area remained as per the deeds.Read Article
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.Read Article
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.Read Article
The loss of the interdependent relationship can best be described as the loss of opportunity to form a permanent interdependent relationship with another individual whether that be through marriage or common law co-habitation. The main component to the loss of an interdependent relationship is the loss of financial benefits from shared family income.Read Article
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.Read Article
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.Read Article