Transportation Law

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OVERVIEW

Our law firm's Transportation Law Group has extensive experience with the broad range of legal issues that face the transportation sector in today's litigation-happy world. Our goal is to provide cost-effective, results-oriented defence of motor vehicle tort claims and accident benefits disputes. We also provide complete coverage analysis and full-service risk management advice. 

As a leader in its field, our Transportation Law Group plays an important role in matters of significance to the insurance industry. Senior members have assisted the government in drafting legislation regarding the "no-fault" automobile insurance regime and the "threshold" requirement in motor vehicle claims. We have also acted for the insurance industry in a number of high-profile class actions, including the "salvage litigation" case and the "after-market parts" case.

SERVICES

Our services include:

1.    Litigation

We regularly assist clients in the following transportation areas:

  • motor Vehicle
    • long-haul trucking
    • automobiles and recreational vehicles
    • corporate/commercial/agricultural fleets
    • rental and leasing companies
    • dealerships and couriers
    • personal lines
  • Rail (Primary and Excess Insurance)
  • Inland/Dry Marine 

Our lawyers frequently act for municipalities in connection with their duty to maintain roads and their use of vehicles and equipment such as graders, sanders, stone slingers, and snow ploughs. We also act for road repair professionals, including engineers and contractors retained by municipalities or the Province. 

Many of our files involve catastrophic personal injury claims, fatalities, and significant property damage claims, as well as some cases deal in fraudulent claims. The Transportation Law Group understands the importance of quick action in a catastrophic loss. To this end, we maintain a 24-hour emergency response team to attend the scene of any catastrophic loss to secure witness statements and photographs, marshal the evidence, and arrange for immediate accident reconstruction by one of our experts. 

We also assist our clients in the following matters that can arise in a transportation context:

2.    Risk Management

Our Transportation Law Group also provides risk management services to industry clients, including:

  • drafting and interpreting insurance policies
  • drafting and interpreting bills of lading, lease agreements, and other transportation contracts
  • assisting and advising on claims that are in excess of insurance limits
  • coordinating claims between insurer and insured where there is a significant deductible or self-insured retention

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The Material Covered will Blow your Mind! We are so excited to announce the panel for our webinar!

A broken glass thumb original Can auto insurers require an insured to undergo medical examinations?

The Ontario Superior Court of Justice Divisional Court reviewed a decision of the Licence Appeal Tribunal (the "LAT") and addresses whether auto insurers can require an insured to undergo medical examinations to determine eligibility for prescription medication claims.

A car crash thumb original Diminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims for Diminished Value are Statute Barred by Insurance Act
Diminished value claims for property damage to automobiles are statutorily barred by section 263 of the Insurance Act, R.S.O. 1990, c. I.8. At least that is what section 263 of the Insurance Act appeared to do. However, Ontario insurers have long been plagued by persistent claims, especially in the Small Claims Court. All of the actual reported decisions dismissed these claims, but the decisions tended to be fact-specific. Without any clear decisions by a higher Court, new claims would arise with some new variation of the diminished value argument.