What happens If I’m Hit by an Uninsured Driver? An uninsured driver is a driver who is operating a motor vehicle without having motor vehicle insurance When these drivers get involved in motor vehicle accidents, they place a great burden on all Ontario residents. Approximately 2,100 uninsured motor vehicle accidents occur annually in Ontario. And, despite the high fine of driving uninsured ($ 5000 in Ontario), there are still many individuals who wrongfully choose to take the risk. It also doesn’t help that we Ontarians have some of the highest insurance premiums in the country. However, the equally high fine of driving uninsured is still not enough of a deterrent. This is also in addition to lack of adequate systems to verify insurance coverage on routine traffic stops. So, what happens if you fall victim to a motor vehicle accident with an uninsured driver? Insured drivers in this situation are covered under the “no fault” statutory accident benefits of their motor vehicle insurance policy. All motor vehicle policies in Ontario include coverage for damages caused by both insured and uninsured drivers. If you are involved in a motor vehicle accident with an insured driver, you will be covered under your insurance . The maximum amount that can be paid out for a Plaintiff’s claim for damage is $ 200,000 for unidentified motorist coverage and uninsured motorist coverage. This is significantly less than the maximum pay-out for most auto insurance policies! Victims can file lawsuits against liable uninsured drivers for injuries and damages. If all parties involved in the accident lack insurance coverage, the victims still have access to coverage for their damages through Ontario’s Motor Vehicle Claims Fund (MVCF) . The MVCF compensates victims of uninsured drivers in a car accident up to a maximum of $ 200,000 in damages including property damage, if for example, an uninsured pedestrian is hit by an uninsured driver. This coverage is only available to residents of Ontario for accidents that occurred within the province . The MVCF is the last resort option when there is no insurance coverage for the damages. What happens if you’re uninsured and you fall victim to a motor vehicle accident? Uninsured drivers do not have the same ability to sue . Under Ontario’s Insurance Act , an uninsured driver who was injured in a motor vehicle accident cannot sue for injury compensation .  Ontario has a long way to go to improve its problem of uninsured drivers. Better monitoring and deterrence of uninsured drivers can be effective tools if the police are provided direct access to a database that records a driver’s insurance history, allowing this information to be easily accessible to the police during routine traffic stops. Please contact Noohi Law for a free consultation if you suffered a personal injury. Our team of experienced lawyers will provide you free legal advice and will assist you with your potential claim. We will ensure the disclosure of all relevant facts and evidence to obtain the benefits you are reasonably entitled to, so that you can focus on your recovery. Contact us at (416) 907-7364 or send us an email with your inquiry at info@noohilaw.com

Motor vehicle insurance companies lowering insurance rates: It’s not a surprise that we Ontarians pay a lot for our motor vehicle insurance. Insurers have a well-established reputation of overcharging Ontario drivers. As many people are practicing social distancing and self-isolating, there are fewer and fewer drivers on the road. As such, some insurance companies are offering relief to drivers by lowering their premiums or deferred payments. Premier Doug Ford also announced on April 30, and asked insurance companies to lower or defer payments for Ontarians, because people are not driving as frequently as before. Specifically, there will be insurance relief for those who have been laid off or lost their jobs, the sick or elderly, as well as for those who are working from home and have reduced kilometers traveled. Drivers are now reaching out to their insurance companies and have made requests for refunds on premiums, payment deferrals, premium adjustments, the waiving of missed payment fees or extended existing coverage. Some insurance companies have extended savings to all their clients whether or not they have experienced financial hardship due to COVID-19. For example, Allstate Insurance Company has announced that it will spend $ 30 million on rebates for its customers with stay-at-home payments. Every client will receive a one-time payment of 25% of their monthly auto premium. Allstate customers do not need to apply for the rebate and they should receive a cheque in mid-May.  Contact your insurance company to see if you’re eligible for a break on your insurance. Savings may vary depending on individual factors. Please contact Noohi Law for a free consultation if you suffered a personal injury. Our team of experienced lawyers will provide you free legal advice and will assist you with your potential claim. We will ensure the disclosure of all relevant facts and evidence to obtain the benefits you are reasonably entitled to, so that you can focus on your recovery. Contact us at (416) 907-7364 or send us an email with your inquiry at info@noohilaw.com

Occupiers Liability An occupiers’ liability claim in Ontario is filed against a property owner or occupier who was somehow negligent in preventing injuries on his or her property. Such claims commonly arise from incidents such as a slip-and-fall on icy stairs, or a trip-and-fall on uneven ground or pot hole. A successful claim may result in compensation that addresses pain and suffering, medical costs and missed income. The Occupiers’ Liability Act: Ontario’s Occupiers Liability Act was established in 1990 and serves as the basis of all occupiers’ liability claims in the province. The Act outlines such crucial aspects as: Who may be considered an occupier for the purposes of liability (this would be the defendant in an occupiers’ liability claim); The definition of a premises; A definition of an occupier’s duty to maintain a reasonably safe premises; Exceptions to an occupier’s liability (such as in the case of trespassing or an injury that occurs during the pursuit of a criminal activity); How special contracts may or may not affect liability; and, A landlord’s obligation as an occupier. The Act also calls for occupiers to take steps to inform the public of potential dangers in cases where the occupier otherwise enjoys exemptions to the duty of care. Common Hazards that May Lead to an Accident/Injur Claim: Accidents of such nature may occur on: Stairs Private parking lots Ramps Sidewalks Driveways Aisles Common hazards may include: Uncleared snow/ice Uneven surfaces, cracks in sdiewalks Poor lighting Improperly waxed floors, spilled fluids that have been left uncleaned Loose debris in a walkway Broken steps on stairways An occupier is legally obligated to take reasonable measures to discover and fix these hazards. Or, at the very least, they’re required to put a sign/notice, warning the public of such dangers. Who is liable in an occupiers’ liability claim? The occupier may be: A store owner A landlord Hotel owner/property manager Home owner Restaurant owner Grocery store manager If you have been injured and/or disabled as a result of serious slip-and-fall incident, it is important to have an experienced and diligent lawyer by your side, representing you. At Noohi Law, we pride ourselves on our exceptional client service, thorough knowledge of the law, and innovative solutions. Contact us today with your personal injury inquiries at 416-907-7364 ext 1 or at info@noohilaw.com .

So, you had a slip-and-fall…Now what?! Slip-and-fall injuries happen on Toronto city property every day. Many of these incidents are as a result of roads and sidewalks being left in a state of non-repair. In cases not involving snow or ice, the Municipal Act states that a municipality is liable if it leaves a road or a public sidewalk in a state of non-repair. “Non-repair” means conditions that are unreasonably dangerous and not safe. Once the plaintiff/injured party establishes a condition of non-repair, the municipality must prove that it had a reasonable inspection and repair system in place to avoid liability. In cases were the plaintiff/injured party should have taken care and noticed the condition of non-repair, the court may find the plaintiff to be contributory negligent and reduce the damages awarded. This means the injured person may have been partially responsible for their injury eg. Wearing inappropriate footwear, etc. With respect to icy sidewalks, the law will take into account severe weather storms when determining a municipality’s liability, along with other considerations such as: pedestrian traffic, the length of time the dangerous conditions existed, reasonableness of the expectation that the city would rectify the problem. For example, a sheet of ice on a sidewalk for more than two days is an example of gross negligence . So you had a slip-and-fall on a city side-walk…What do you do? If you slipped and fell on Toronto city property and are injured as a result, you must put them on notice within 10 days of your injury. If you fail to do so, your action may be summarily dismissed. This requirement is to make sure the city will have an opportunity to preserve any and all evidence involving the incident. You had a slip-and-fall on another person’s property…What do you do? Injury that occurs on private property is subject to the standard 2-year limitation period. That means you have two years from the date of your injury to start a lawsuit. If you fail to do so, your action may be summarily dismissed. Under the law, occupiers owe visitors to their property a duty of care while they’re on their property, both in terms of the condition of the premises, or the activity carried out on the premises. “Occupiers” include anyone who has ownership, occupation, possession, or control of a property. There must be an act of negligence or omission on the part of the occupier to the property to cause the injury. For example, failure to clear their driveways of snow and ice is an example of an act of negligence/omission. If you have been injured and/or disabled as a result of serious slip-and-fall incident, it is important to have an experienced and diligent lawyer by your side, representing you. At Noohi Law, we pride ourselves on our exceptional client service, thorough knowledge of the law, and innovative solutions. Contact us today with your personal injury inquiries at 416-907-7364 ext 1 or at info@noohilaw.com .

The ABCs of LTDs: Breaking down the Basics about Long-Term Disability In the event of an injury or illness where you are not able to return to work, long-term disability insurance offers some protection by providing you with a portion of your income that can go towards keeping things financially afloat. It is there to offset any financial hardship you might suffer as a result of being unable to return to work due to a medical condition. Most policies provide benefits for the first 2 years if you’re unable to meet the requirements for performing your own occupation. However, after 2 years, you must be unable to perform the tasks required by any occupation for which you are reasonably qualified by education, training or experience in order to retain long-term disability benefits. The Difference between Short-Term Disability & Long-Term Disability Insurance: Short-term disability insurance can provide you with replacement wages in the event that you are temporarily unable to work. This can apply to instances where you may be ill/disabled for a few weeks. Short-term disability insurance only covers income replacement for the first 120 days. In contrast, long-term disability insurance provides a more permanent income replacement if your medical condition prevents you from working over a longer period of time. It is a form of protection in the event that an illness or disability leaves you totally or completely unable to return to work. It provides you with a portion of your income that can go towards living expenses which may also include medical treatment and rehabilitation. For the first 2 years if you are unable to meet the requirements of performing your own occupation then you are eligible.  After 2 years, you must be unable to perform the tasks required by any occupation for which you are reasonably qualified, or could become qualified for, by reason of education, training or experience, in order to retain long-term disability benefits. It is important to note that disability benefits are different from workplace insurance benefits , as disability benefits arise from an illness or injury which is not required to occur on the job, whereas workplace compensation benefits are given as a result of being in the course of your employment. Who pays for long-term disability coverage? Long-term disability insurance can be purchased privately by individuals through an insurance broker or directly through an insurance company. Long-term disability insurance can also be made available for purchase through your employer through a group disability insurance policy . In cases of group insurance through your employer, the insurance premiums could be paid by the employer, the employee or shared between the employer and the employee. Depending on what applies to you, there are different implications for tax purposes. If the employee pays premium for the long-term disability insurance, then disability payments are not taxable . If the employer pays for the disability premiums, then the payments made to the disabled employee are taxable . What type of disability qualifies for long-term disability benefits? Most long-term disability policies cover you regardless of the severity or type of illness or injury you are suffering from that prevents you from working. However, some policies exclude certain illnesses, and others may exclude injuries or illnesses which are compensable under a Workplace Safety Insurance Board claim, if it is available through your workplace. The rule of thumb is, if you are not able to do all or substantially all of the tasks required by your current job then you will qualify for long-term disability benefits. The threshold is that your disability prevents you from being able to work. However, depending on your policy, it may state that in order to qualify for the disability benefits, you must prove that it is not only your job that you are unable to do, but any job that you may be qualified to do . This varies from policy to policy, so read the terms of your policy. Will I have to file a claim in order to receive long-term disability benefits? If you want to receive long-term disability benefits, then yes, it is required that you file a claim. If you are receiving coverage from your employer, contact your company for instructions on how to file your claim. Otherwise, contact your insurance provider. You will be required to fill out a claims form which will be provided to you by your employer or your insurance company. Are there deadlines when making a claim for long-term disability insurance benefits? Yes, there are deadlines or time limitations which can affect your ability to assert your claim. Don’t delay in contacting a disability insurance lawyer who will guide you through the process and notify you of any deadlines . What if my employer terminates my employment while I am on long-term disability? What will happen to my long-term disability entitlement? As long as you were actively employed at the time you became disabled then your termination of employment should not affect your long-term disability entitlement . However, any termination and/or severance payments may be deducted from your long-term disability entitlement. After being unable to work at my own job for two years, can my insurance company stop paying me my benefits? For most policies, you’re entitled to claim long-term disability benefits for the first 2 years of being unable to perform the essential duties of your own job. This is called the “Own Occupation Test”. After the 2-year period, your eligibility for long-term disability may change. It will then be based on whether you are unable to perform any occupation for which you are reasonably qualified, or could become qualified for, by taking into consideration education, training or experience. This is called the “Any Occupation Test”. Why has my long-term disability claim been denied/terminated? You may be denied for a variety of reasons, which may be as simple as filing all of the necessary paperwork and documentation. Other reasons may be more complex and will require the assistance of a lawyer to help you in your claim to get the benefits that you are entitled to . Issues may arise if you’re not examined by insurance company approved doctors, you exceeded the time limitation in submitting a claim, there was a misrepresentation on the application as you had a pre-existing condition that you did not mention, there is surveillance evidence that contradicts your claim, a failure to have your injury or condition properly documented by your physician, you have not ‘mitigated your losses’ by maintaining your treatment regimen. When I sue the insurance company for disability benefits, what do I sue for? You are suing for the payment of the disability benefits to which you’re entitled. If you and your lawyer decide that the insurance company acted unfairly when they denied your claim, you may also sue for “bad faith”. Your lawyer will also make a claim for pre- and post-judgment interest on the amounts claimed along with a financial contribution from the defendants which will go towards your legal fees. If you are disabled and cannot continue to work due to your disability, and have been denied the benefits to which you’re entitled, it is important to have an experienced and diligent lawyer by your side, representing you. At Noohi Law, we pride ourselves on our exceptional client service, thorough knowledge of the law, and innovative solutions. Contact us today with your long-term disability inquiries at 416-907-7364 ext 1 or at info@noohilaw.com .

COVID-19 & CHANGES TO FAMILY COURT—Is this the force needed to modernize access to justice? We are still under strict lock down orders from the government and the courts remain closed across the country. The family law system in Canada has always been described as “broken”, and the court closures have only placed greater burden on separated and divorced couples. They are facing the prospect of not having access to a judge for an indeterminate amount of time, which comes with a variety of consequences. Although the courts have made exceptions for urgent cases, this is only limited to child abductions, restraining orders and child abuse cases. This leaves behind a significant portion of hearings pertaining to access and custody of children, claims for the sale and division of matrimonial property, which will not get any court time unless alternative processes are created. Without such an alternative, significant delays in trials are anticipated . This will not only increase legal costs, but it will also leave families with no court resolution on urgent matters such as child and/or spousal support, and parenting schedules that aren’t considered urgent by the courts at this time. They still remain to be pressing matters for the parties involved. These delays will undoubtedly affect the financially vulnerable population. There will likely be a rise in support claims due to mass layoffs as a result of the pandemic. Also, a payment from the division of family assets becomes critically important when income streams have been cut off. On the parenting sides of things, parents who cannot agree to a parenting schedule may be locked in conflict until the courts reopen, sometimes within the same household. A child who has no court-mandated access to a parent will have to wait an undetermined amount of time to see them, contrary to the best interest of that child. But this may be an opportunity for family law to change for the better, without the aid of the courts. The courts also are being forced to change their processes to become more streamlined, efficient and able to proceed despite the challenges of the pandemic. Alternative dispute resolution processes, like mediation, arbitration and collaborative family law, have been created and refined over the past several decades, and do not requires the use of the courts. We are living in an era with sophisticated technological advancements such that parties can effectively resolve their family law disputes online . Through online dispute resolution, parties can be anywhere in the world and can securely and conveniently mediate or arbitrate their dispute without ever having to meet in person. In an online mediation, arbitration or collaborative divorce, the separated couple, their lawyers, and/or the mediator/arbitrator use a shared video conference platform such as Zoom, and negotiate and resolve their disputes virtually. Unfortunately, the Canadian justice system remains to be slow to adapt and change. For example, in many courts, applications can only be filed in person with limited exceptions. Court appearances are usually restriction to in-person applications, particularly when a witness is giving evidence. This is very limiting to those in remote communities or with mobility issues. Documents must also be commissioned and notarized in person, thus continuing to restrict access to justice for many. There are better alternatives and we should look to the United States as reference. For example, in Alaska, prior to the COVID-19 pandemic, courts routinely allowed litigants to be sworn in and give evidence over the phone. In New Mexico, court documents such as affidavits no longer need to be notarized or commissioned in person. In New York State, some restraining-order court hearings for domestic violence cases can be heard by way of video conference. In conclusion, there are ways to modernize and update the Canadian court system in order to allow better access to justice. The longer that physical/social distancing is necessary, the more courts will be forced to evolve, thus increasing options for remote hearings and modernizing many outdated processes. Updating and streamlining legal processes was long overdue, and this pandemic may force some positive development for family law and access to justice in general. If you or a family member are faced with a family law-related matter, it is important that you get adequate legal advice and representation. Our team at Noohi Law is dedicated in ensuring that you achieve the best results possible. Contact us at (416) 907-7364 or send us an email with your inquiry at info@noohilaw.com ** Disclaimer: This article is written for informational purposes only and should not be relied upon as legal advice** https://www.cbc.ca/news/opinion/opinion-family-law-courts-access-corononavirus-1.5516067

Managing Your Mental Health during COVID-19: We’re living in unprecedented times and it feels like the world has changed. It may seem like every day we are bombarded with more and more bad news about the new world we’re living in. We are social creatures by nature and are not used to being quarantined and distanced from our friends and family.

Virtual Witnessing and Executing a Will or Power of Attorney In light of the COVID-19 pandemic, the Ontario government issued an Emergency Order in Council (the “Emergency Order”) allowing Wills and Powers of Attorney for Property and Personal Care to be virtually executed and witnessed. A valid Will or Power of Attorney in Ontario requires a signature of the individual making the Will or giving the Power of Attorney in the presence of two witnesses . The proper witnesses must be:

We wanted to let you know that the Lieutenant Governor in Council made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. Please find a copy of the order attached here.