Frequently Asked Questions
What is “no-fault” insurance?
Under your own insurance policy, you will have a package of accident benefits available to you in the event you are injured as a result of a car accident. It is your insurance company that pays for things like medical treatment and rehabilitation benefits and income replacement benefits for missed time from work.
What kinds of benefits do I get through my automobile insurance?
- Income Replacement benefits – if you are eligible, this benefit partially replaces your income, up to a certain amount, if you are not able to go back to work after an accident or cannot work to the same extent that you did before the accident.
- Medical and Rehabilitation benefits – if you are injured, these benefits pay for reasonable and necessary medical treatment and rehabilitation expenses that are not covered by OHIP or a private health care plan that you may have through work or your spouse, such as massage, chiropractic and physiotherapy treatment.
- Non-Earner benefit – You may qualify for the non-earner benefit if you suffer a complete inability to carry on your normal life and if you do not qualify for the income replacement benefit.
- Attendant Care benefits – if you unable to care for yourself physically due to your injuries, (such as bathing, dressing or feeding yourself) this benefit will pay reasonable and necessary expenses for an aide, attendant or long-term care facility.
- Housekeeping and Home Maintenance benefits – this benefit assists you with the expenses of having to hire someone to help clean inside your home or outdoor maintenance, if you are unable to do so as a result of your injuries. This is an optional benefit, and you will need to pay an additional premium under your insurance policy to have this benefit available to you, unless you have been catastrophically injured.
- Caregiver benefits – if you cannot continue as a primary caregiver for a dependent and if you are eligible, this benefit will reimburse you for the expenses you incur. This is an optional benefit, and you will need to pay an additional premium under your insurance policy to have this benefit available to you, unless you have been catastrophically injured.
- Dependent Care benefit – If you have young children, and you have to pay for childcare expenses as a result of the accident, this benefit will reimburse you up to a certain amount.
- Death and Funeral Payments benefit – there are lump-sum payments available for survivors of a person killed in a motor vehicle accident and to help pay for a funeral.
What is the Minor Injury Guideline?
Do I have coverage for accident benefits if I have been struck by a car as a pedestrian or a cyclist?
If you are not insured under your own insurance policy or if you are not listed under someone else’s policy, then you would submit a claim for your expenses to be paid under the insurance policy of the owner of the car that struck you. Lastly, if there is no insurance coverage on the vehicle that struck you, then there is a government fund available to pay for these expenses.
Why am I dealing with so many insurance people after a car accident?
If you have been injured, you may also hear from an insurance adjuster who represents the driver / owner of the vehicle responsible for the accident. It is recommended that you do not speak to this individual if you have not consulted with an experienced car accident lawyer first.
What happens if I have been injured and the other vehicle responsible for the accident is not insured?
Underinsured and uninsured claims are often a complicated and complex route to navigate through. There are a number of variables that can affect your ability to obtain compensation, which is why it is best to speak with a lawyer who has expertise in this area.
If I have been injured in a car accident due to the fault of another, can I sue?
You can sue for “pain and suffering” and health care expenses not covered by OHIP or other insurance if, and only if, you have suffered:
(a) a permanent serious disfigurement (ie. scarring); or
(b) a permanent serious impairment of an important physical mental or psychological function.
A lawsuit for pain and suffering is also subject to a deductible, and at this time, that deductible is $30,000.00. The deductible does not apply if your award for pain and suffering is over $100,000.00.
How long do I have to sue the other driver responsible for the accident?
How do I pay my lawyer if I am no longer working because of my accident?
What is the definition of disability?
What does “pre-existing” condition mean?
The term “waiting or qualifying period” is often used in long-term disability benefits. What does this mean?
Qualifying or waiting periods for long-term disability benefits typically range anywhere from 4 months to one year.
How much am I entitled to receive if I qualify for long-term disability benefits?
This amount is calculated either by your gross (pre-tax) or net (after tax) earnings. Whether it is calculated on gross or net earnings depends on who pays the premium – if you pay the premium, then the benefit is tax-free, meaning your benefit is calculated on your net earnings; if the employer pays, then the benefit is taxable and calculated on your gross earnings
My claim for long-term disability benefits has been denied or terminated. Should I hire a lawyer?
What is the Canada Pension Plan Disability Benefit and how do I qualify?
To qualify for benefits, you must have a disabling condition which is “severe and prolonged”. “Severe” means your condition prevents you from working regularly at any substantially gainful occupation and “prolonged” means your condition is long term or may result in your death.
I have been denied Canada Pension Plan Disability Benefits, can I appeal?
What is “wrongful dismissal”?
If an employee is terminated without cause, then they are entitled to, at a minimum, pay in lieu of notice and possibly severance pay, as provided in the Employment Standards Act. However, just because an employer is offering the minimum provided by the Employment Standards Act, does not necessarily mean that the offer is a reasonable one – after all, it is the minimum payment that an employer can offer. In fact, even if your employer is offering slightly more than the statutory minimum, it still may be not be a reasonable offer.If you have a written employment contract, it is important that you have it reviewed by a lawyer before accepting any severance package being offered by your employer.
If you do not have a written employment contract, the common law entitlements to notice apply. The common law notice entitlements are based on several factors including: the person’s age, position, years of service, and the availability of alternate employment taking into consideration the employee’s education and training. Common law notice is not fixed like the minimum provision of the Employment Standards Act, instead it is based on what a Court believes is reasonable in the circumstances. This can be well above what an employer is offering and so, it is very important that you consult an experienced employment lawyer to assess what you might be entitled to under the common law before accepting your employer’s offer. If the offer is a reasonable one, then your employer should be more than happy to give you the opportunity to consult with a lawyer before accepting it. If there is pressure being exerted by the employer to accept the offer without having had the benefit of legal advice, chances are that the offer is not a reasonable one.
What does “termination pay” and “severance pay” mean – is there a difference between the two?
If an employee was terminated with cause, then there is no entitlement to termination pay or severance. It is extremely important that you consult an experienced employment lawyer if your employer has taken the position that you were terminated for cause.
What is constructive dismissal?
What do I do if I was terminated for cause?
Should I sign a release?
You should not sign a release unless and until you have had the release and severance package reviewed by an experienced employment lawyer.
Your employer cannot require that you sign a release before they will pay you the minimum notice set out in the Employment Standards Act. You are entitled to this at law if you were terminated without cause, and you do not need to sign any forms or a release to receive it. Unfortunately, some employers will ask that you sign a release before they will pay you the minimum notice amount. Instead of signing a release, you should consult a lawyer immediately.
What is land transfer tax?
- a lease can exceed 50 years;
- land is transferred from a corporation to one of its shareholders; or
- land is transferred to a corporation, if shares of the corporation are issued.
How do I calculate Land Transfer Tax?
|For amounts up to and including $55,000|
|For amounts exceeding $55,000 up to and including $250,000|
|For amounts exceeding $250,000|
|For amounts exceeding $400,000 where the land contains one or two single family residences|
For a quick calculation of land transfer tax refer to the following list. Residential property refers to land containing one or two single family residences as defined by the Land Transfer Act. The Value of the Consideration for a conveyance or disposition is shown as ‘VC’. Land transfer tax payable is shown as ‘LTT’.
For the Value of the Consideration:
|up to and including $55,000||LTT = VC × 0.005|
|exceeding $55,000 and up to $250,000||LTT = (VC × 0.01) – $275|
|exceeding $250,000, for property other than residential||LTT = (VC × 0.015) – $1,525|
|exceeding $250,000 up to $400,000, for residential property||LTT = (VC × 0.015) – $1,525|
|for residential property exceeding $400,000||LTT = (VC × 0.02) – $3,525|
Do I have to pay land transfer tax if I am a first-time homebuyer?
- You cannot have previously owned a home, or had any ownership interest in a home, anywhere in the world, at any time.
- If you have a spouse, the spouse cannot have owned a home, or had any ownership interest in a home, anywhere in the world, while he or she was your spouse. If this is the case, no refund is available to either spouse.
- You must be at least 18 years of age.
- The application for a refund must be made within 18 months after the date on which the conveyance or disposition occurred. (Note that an application for the refund can be completed upon the electronic registration of the conveyance).
- You must occupy the home as your principal residence no later than nine months after the date of the conveyance or disposition.
- You cannot have previously received an Ontario Home Ownership Savings Plan (OHOSP) based refund of land transfer tax.
- If the agreement of purchase and sale is entered into before December 14, 2007, the home must be newly constructed.
Is there a limit to the amount of the land transfer tax refund?
Cost of Home
Net Tax Payable
What is title insurance?
- someone else owns an interest in your title
- existing liens against the title
- violations of municipal zoning by-laws
- encroachments onto an adjoining property (other than fences and boundary walls)
- setback violations
- realty tax arrears
- outstanding municipal utility charges, provided such charges form a lien on title
- existing work orders
- lack of legal access to the property
- unmarketability of the land due to adverse matters that would have been revealed by an up-to-date survey
- fraud, forgery and false impersonation to the extent they affect the validity of title
The total title insurance premium is often less expensive than the cost of obtaining an up-to-date survey and standard off-title searches. Title Insurance is generally acceptable to lenders in lieu of an up-to-date survey. This saves purchasers/borrowers the cost of obtaining a new survey and allows a transaction to close faster.
Whether it is a house, condominium or cottage, title insurance brings security and peace of mind to lenders and homeowners during and after the transaction process, and could save them thousands of dollars should a claim arise. Title insurance has no deductible so the premium is truly a one-time fee. Coverage is valid for the entire time the homeowner holds title to the home.
Who pays the real estate commission?
What is CMHC (Canada Mortgage and Housing Corporation) Mortgage Loan Insurance?
To obtain mortgage loan insurance, there is a premium charged to the lenders that is typically passed on to the homebuyer. The premium payable is based on a percentage of the home’s purchase price that is financed by a mortgage. The premium can be paid in a single lump sum, or it can be added to your mortgage and included in your monthly payments which is the customary approach.
What is Tarion?
What does “caveat emptor” mean?
When a sale is subject to this warning or a statement that the property is being purchased “as is” the purchaser assumes the risk that the property may have a defect or be unsuitable for his or her needs. This rule is not designed to protect sellers who engage in fraud or bad faith dealing by making false or misleading representations. It merely summarizes the concept that a purchaser must examine, inspect and judge the property for himself or herself before deciding to purchase it.
What is a home inspection?
Home inspections occur before a home is sold, to reveal any issues that might become problems for the buyer. A home seller may also choose to have a home inspection done prior to listing a property, in order to avoid any unpleasant surprises during negotiations.
A home inspection will typically include a walk-through tour of the house during which the inspector will conduct a visual inspection of the condition of the property. The inspector will note any defects and deficiencies and recommendations for repair are made. During the inspection, the inspector will look for issues that could have significant impact from a health and safety perspective, or from a financial standpoint.
What is a slip/trip and fall accident?
Can I sue if I have been injured in a slip/trip and fall?
- Pain and suffering, loss of enjoyment of life
- Lost wages / income
- Health care expenses
- Other out of pocket expenses
Unlike a car accident case, there is no deductible in a slip and fall or trip and fall case.
What are the defences that I can expect will be raised against me in my claim for injuries I suffered due to a fall on someone else’s premises?
You may also be told that your slip/trip and fall was caused by your own negligence (eg. not wearing the appropriate footwear) or that you were careless by failing to observe the dangerous condition (eg. not paying attention to where you were going).
It is important to discuss your situation with an experienced personal injury lawyer to understand your rights.
What should I do after a fall to protect my rights?
The best way to protect your rights after a fall is to call an experienced personal injury lawyer as soon as possible, in order to determine what needs to be done to ensure that the proper investigation is started so that the necessary supporting evidence is obtained and gathered.
What should I do after I have slipped/tripped and fallen on private property?
Do I Need a Will?
What is an Estate Trustee?
What is a Certificate of Appointment of Estate Trustee?
A Certificate of Appointment of Estate Trustee Without a Will is a document granted by the court giving authority to the Estate Trustee to administer the estate of the deceased who died without having executed a Will.
Is it necessary to obtain a Certificate of Appointment of Estate Trustee?
What are Probate Fees?
For example, if your estate is worth $650,000.00, the probate fees would be $9,250.00 ($5.00 x 50 for the first $50,000.00, being $250, plus $15.00 x 600 for the remaining $600,000.00, being $9,000.00).