A recent case where a judge quashed an insurance company’s motion for summary judgment after it denied a woman’s claim raises important issues for both injured plaintiffs and insurance company defendants, says Toronto personal injury lawyer Rohan Haté.

Although significant delays were affecting the progress of personal injury cases at the start of the pandemic, stakeholders have since adapted, and the system is now running quite smoothly, says Toronto personal injury lawyer Rohan Haté.

After recent events surrounding the COVID-19 pandemic, in addition to a recent Ontario Superior Court decision about business interruption in a nuclear incident, Canadian P&C underwriters may want to take a second look at the wording of their pandemic exclusions in commercial policies covering business interruption.

The first COVID-19 lawsuit was filed by a Louisiana restaurant seeking coverage under a first-party property policy for future business losses due to government orders in response to the coronavirus pandemic.

The complaint alleges that the direct physical loss requirement of coverage is satisfied by the presence of the virus within the insured premises. The restaurant seeks to analogize the loss to claims involving lead or gaseous fumes.

 THE CANADIAN PRESS A fatal boat crash on an Ontario lake this summer will require expert evidence from a marine accident reconstructionist, and investigators may be able to obtain important data from the watercraft involved in the accident, says Toronto personal injury lawyer Rohan Haté. A wrongful death lawsuit has been filed against celebrity businessman Kevin O'Leary and his wife Linda O'Leary, who was driving their vessel. In an untested and unproven statement of claim, relatives of a Susanne Brito — one of two people who died in the collision — seek $2 million in damages from the O'Learys as well as from…

People injured in an accident must quickly retain legal counsel to guide them through the proper steps and ensure they receive the compensation they are entitled to, says Toronto personal injury lawyer Rohan Haté. “Soon after an injury occurs, go to a lawyer who has trial experience in this area of litigation and a team of experts in place, so you are able to get the results you need,” says Haté, a partner with McPhadden Samac Tuovi Haté LLP. Having the right expert testifying on your behalf is important when advocating your case before a judge or a jury, he tells AdvocateDaily.com,…

Failing to properly insure your home, or not knowing what’s covered when making a claim, can be costly mistakes, says Toronto personal injury lawyer Rohan Haté. Haté, a partner with McPhadden Samac Tuovi Haté LLP, says he has dealt with insurance claims where homeowners could have come out with limited or no coverage if they hadn’t consulted a lawyer. “I had one water damage case recently concerning a cottage up north that was situated close to a lake. They had an endorsement for water coverage, and despite that, the insurance company denied the claim,” he tells AdvocateDaily.com. “Unless a lawyer gets involved, the insurance company is…

Litigation funding is a useful tool that helps tide injured clients over until their lawsuit has been settled, says Toronto personal injury lawyer Rohan Haté. Haté, partner with McPhadden Samac Tuovi Haté LLP, explains that while his firm works on a contingency, many people cannot make ends meet after they have been injured, and they need bridge financing until their accident claim can be resolved. “I think it’s appropriate in cases where plaintiffs have serious injuries. It helps them pay their daily expenses,” he tells AdvocateDaily.com. “If they have serious injuries, their income replacement benefits are simply not enough to cover their weekly or monthly expenses…

Increased fines are not enough to prevent careless drivers from endangering pedestrians, says Toronto personal injury lawyer McPhadden Samac Tuovi Haté LLP. “Many times pedestrians, even crossing on a crosswalk where they have the right-of-way, still end up getting hit if the driver is just not paying attention. “One of the more common things I hear is about distracted driving. People are using their cellphones, texting, and emailing, and that’s something that comes up frequently." Last fall, the Ontario government announced tougher penalties for careless driving and endangering pedestrians. Those convicted of careless driving causing bodily harm or death face fines ranging from $2,000 to $50,000,…

It’s essential to ensure that the person representing you in a home purchase has your “best interest at heart,” says Toronto civil litigator Rohan Haté, who helped one couple recover money lost in such a deal. Haté, partner with McPhadden Samac Tuovi Haté LLP, tells AdvocateDaily.com that when you are in a buyer-beware environment, you must ensure you understand the agreements you sign. “If you are going to hire a real estate agent — or any agent for any deal — make sure they are representing your best interest,” he says. “You need someone on your side, in your corner." Haté references his recent “egregious” case of a…

A recent Ontario Court of Appeal (OCA) decision involving two cases examines the issue of double recovery and how to avoid it in the calculation of tort damage awards and statutory accident benefits (SABs), says Toronto personal injury and insurance lawyer Rohan Haté. The first case involved the deduction from the tort damages award of SABs paid before trial while the second concerned the assignment of future SABs to the tort liability insurer. The overall principles for both cases are the same, he tells AdvocateDaily.com. “The court heard them together because they deal with the treatment of statutory accident benefits under the Insurance Act," says Haté, partner with McPhadden Samac…

The tough new penalties that recently came into effect for distracted driving are a positive development, Toronto personal injury lawyer Rohan Haté tells AdvocateDaily.com. "The province increased the penalties, and I think that's a good thing because in my practice I see many accidents are caused by distracted driving," says Haté, a partner with McPhadden Samac Tuovi Haté LLP. "It's a huge problem, especially on the highway because you're travelling at such high speeds. You take your eyes off the road for even a second, to change a song, to pick up something to eat — an accident could happen in that split second," he says. The U.S. National…

A recent Ontario Court of Appeal case shows the importance of using defined terms when drafting insurance policies, Toronto insurance lawyer Rohan Haté tells AdvocateDaily.com. The decision by a unanimous three-judge panel of the province’s top court restored a potential $2.5-billion class action by life insurance policyholders against their issuer after the judges ruled a lower court judge erred in dismissing the entire claim. The panel certified parts of the claim related to allegations of breach of contract and noted that it was not clear what even simple phrases, such as “maximum premium” and “minimum premium,” meant in the policy. “The language is technical and legalistic, and important…

Toronto personal injury lawyer Rohan Haté says personal injury awards should consider the long-term mental health effects caused by trauma following the recent release of a study that shows people who suffer traumatic injuries have significantly higher incidents of suicide. The study shows the suicide rate among those who experience trauma "was 70 per 100,000 patients per year, substantially higher than the population average" of 11.5 per 100,000. “This report from the Canadian Medical Association Journal opened my eyes," Haté, partner with McPhadden Samac Tuovi Haté LLP, tells AdvocateDaily.com. The study looked at 19,338 people between 2005 and 2010 who suffered severe trauma caused by motor vehicle collisions and falls. The…

Toronto personal injury lawyer Rohan Haté says the changing nature of the practice area in Ontario gives him an opportunity to differentiate himself using trial and litigation skills. But Haté, partner with McPhadden Samac Tuovi Haté LLP, tells AdvocateDaily.com he’s not like most personal injury lawyers. “I know it’s unusual for others of my vintage, but I spend a good deal of time, either in court arguing, or building towards that as part of the adversarial process, by conducting examinations for discovery,” he explains. His partners have complimented him on his calm demeanour and ability to think on his feet. “Those are qualities that are very important when you’re…

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The tough new penalties that recently came into effect for distracted driving are a positive development, Toronto personal injury lawyer Rohan Haté tells AdvocateDaily.com.

"The province increased the penalties, and I think that's a good thing because in my practice I see many accidents are caused by distracted driving," says Haté, a partner with McPhadden Samac Tuovi Haté LLP.

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Toronto personal injury lawyer Rohan Haté says personal injury awards should consider the long-term mental health effects caused by trauma following the recent release of a study that...