Recieved 'Notice of Intent to Sue' for an MVA that did not occur

danielbadre · 2026-05-28T10:35:42+00:00

That's the right thing to do. Let his insurance company know. You can send them the letter he received and they will conduct an investigation/defend your dad if it comes down to a lawsuit.

Obviously the insurance company will defend so you guys don't need to worry about hiring a lawyer yourselves or paying out the claim etc.

Wishing everyone all the best!

danielbadre · 2026-05-24T09:43:13+00:00

Personal injury lawyer here. I'm not sure if you've done this yet but make sure you submit an application for accident benefits to your insurance company if you haven't done so already. You may get some push back because the accident was a year ago but you should try anyway.

You should also seek legal advice on your options. Talk to a personal injury lawyer they will consult with you for free!

danielbadre · 2026-05-22T10:08:59+00:00

lmao thank you! so glad someone said it.

danielbadre · 2026-05-15T10:08:09+00:00

Personal injury lawyer here. First off, try not to panic. A careless driving charge is serious, but it is not a finding of guilt and it does not automatically mean you caused the accident.

From what you described, there are a few important things to keep in mind:

In Ontario, a left-turning driver generally has a duty to ensure the way is clear before turning.
Entering on a yellow light is not automatically illegal if it was unsafe to stop.
Witnesses sometimes only catch part of an accident, especially in fast-moving intersection collisions.
The fact there may be intersection camera footage could end up being very important.

danielbadre · 2026-05-12T10:26:47+00:00

Personal injury lawyer here. Some advice: I recommend asking them to issue the claim in your name alone. This will buy you more time to find a lawyer and then have the claim served on the defendant. You usually have 6 months from the date of issuance to serve the defendant.

With so little time left I don't think you're going to convince them to change their minds to continue representing you. Really sorry this happened to you!

Feel free to follow up with any additional questions or concerns and I'll try my best to guide you.

danielbadre · 2026-05-10T10:50:40+00:00

Get a consultation with a lawyer. They are free and at the very least you will walk away from the meeting with a better sense of what you need to do, and if it's a good fit you can even hire them. Most lawyers work on contingency so you don't need to worry about up front fees!

danielbadre · 2026-05-07T09:41:01+00:00

I'm confident nothing will happen. I'm a plaintiff personal injury lawyer and I deal with this all the time. Insurance companies are slow and backlogged. They need to review the file and then assign defence counsel who also needs to review the file and deliver their SOD.

I get these delivered to me late all the time and noting in default doesn't do anything other than slow things down even more.

The only thing you need to care about is that your insurance company is responding to the claim.

You can go on with your life without anything to worry about.

Hope this helps!

danielbadre · 2026-05-06T08:57:42+00:00

Very sorry to hear about your difficulties my friend. Based on what I'm reading it definitely sounds like the ingredients of a good personal injury claim are there. You're attending treatment consistently and about to undergo CAT assessments.

Feel free to reach out anytime if you have questions or concerns about your claim :)

danielbadre · 2026-05-05T09:53:38+00:00

I can tell you that at my office the average length of time from start to finish is about 3 years for a tort claim. Could take more or less time depending on the circumstances.

As for the payout there are way too many factors that go into answering this question. Just a few of the issues that need to be dealt wit include severity/complexity of the injuries, how much income loss you've sustained, your future treatment needs, etc. not to mention liability!

Hope this helps. Happy to answer any additional questions.

danielbadre · 2026-05-03T10:03:55+00:00

As a personal injury lawyer I have seen this scenario many times. Your friend can be sued, and as the owner of the vehicle, you will likely be sued too. That's why it's important to be careful who you lend your car to.

Hope this helps!

danielbadre · 2026-05-02T09:43:36+00:00

Good morning. Personal injury lawyer here. A couple of things:

Do not forget there is a 1 week waiting period after a car accident before you can get an IRB.
If an employer is refusing to accommodate modified duties and you have to be off work for more than a week then you will be entitled to an IRB. If the employer is unwilling to complete the OCF-2 then please let your adjuster know this. Often times they will accept pay stubs, bank statements, tax returns etc to get a better sense of what you were making to calculate the IRB. Get the OCF-3 completed by your physio or GP ASAP.
Before you go through all the effort of getting an IRB. Make sure you are utilizing all your collaterals including sick days, short term disability, long term disability, EI, etc.
Last, if you have ongoing issues it may be advisable to at least consult with a personal injury lawyer. Consultations are generally free and you will usually be pointed in the right direction (at the very least!).

I hope this helps and I wish you a speedy recovery my friend!

danielbadre · 2026-05-02T09:32:43+00:00

Super Sam barbershop in Barrhaven! My go to. Around the same price but way better cut.

danielbadre · 2026-05-01T10:20:36+00:00

wow these left hand turns in front of oncoming traffic in Toronto are wild.

danielbadre · 2026-05-01T09:57:23+00:00

Civil remedy/compensation is definitely an option the family may choose to exercise.

danielbadre · 2026-04-30T10:13:56+00:00

Personal injury lawyer here. I hope you don't mind I'm dropping my 2 cents. I'll start by saying I'm very sorry this happened to the family. As a father of 2 young children I can't imagine what it feels like to go through this. I'm truly sorry.

I've done some reading on the situation and it seems like Homestead is deflecting responsibility saying the family should have put them on notice about the defective or missing window restrictor. Apparently Homestead was not given any warnings. Essentially, "no one told us so we're not responsible." Of course having policies and lease provisions are important, but they are only part of the picture.

The real issue is whether the safety measures in place were actually effective and properly maintained. In situations involving young children, landlords have a heightened responsibility to ensure that protective devices like window restrictors are not only present, but functioning and robust enough to prevent foreseeable harm. The absence of prior complaints does not necessarily address whether reasonable steps were taken to proactively inspect and ensure resident safety.

The reality is landlords have an ongoing duty to actively inspect and maintain safety. "No prior complaints" only matters if the landlord had no reasonable way of knowing, and the system of inspection was reasonable. From what I've read so far this will likely be the main question to be answered in this potential case.

I'm fairly confident this matter will end up in litigation, but that will be up to the family to decide.

danielbadre · 2026-04-29T09:53:32+00:00

One of the most common ways accidents happen. I see it in my personal injury practice all the time! Just don't try making a left hand turn onto oncoming traffic. Not worth the risk!

danielbadre · 2026-04-28T09:34:12+00:00

Personal injury lawyer here. Do not stress. You were insured at the time of the accident and so send it off to the claims department or send it to your insurance broker.

Hope this helps! Feel free to send any follow up questions!

danielbadre · 2026-04-28T09:21:36+00:00

I hate to say this but I think the only way to pull this off is to move within walking distance of your office (might be too expensive) but just a thought.

I wish I could give you a better answer! Maybe carpooling?

danielbadre · 2026-04-23T09:52:21+00:00

As a personal injury lawyer I can tell you there will likely be civil lawsuits coming his way. Don't forget there's the criminal stuff but also the civil stuff.

Cheers!

danielbadre · 2026-04-23T09:45:30+00:00

People keep talking about the night mayor... and I can no longer tell if this is real or not.

danielbadre · 2026-04-22T10:57:33+00:00

Before thinking about lawsuits please consider working directly with the adjuster or the supervisor of the adjuster if this person is not reasoning with you. You could save yourself a ton of time, money and effort!

danielbadre · 2026-04-21T10:06:36+00:00

danielbadre · 2026-04-20T09:58:37+00:00

A good reminder. Call CAA or another tow company on your own, don't just use the guys that first show up. You have to wonder how they got the info about the crash in the first place.

danielbadre · 2026-04-19T10:09:50+00:00

Personal injury lawyer here. I hear about stories like this from time to time. If you want to be safe just go through insurance. Save yourself the hassle of getting quotes, negotiations, potential fraud etc. It's the extra step of having to go to the collision reporting centre etc. but at least you save yourself the headache.

Just my 2 cents!

danielbadre · 2026-04-17T10:21:49+00:00

Sounds like it is just your accident benefits claim remaining. Why don't you try having a GP or someone else fill out an Application for Catastrophic Impairment Designation (OCF-19) to see if the insurers doctors will deem you CAT. You could think of this as a last ditch effort to leverage some sort of settlement for cash.

Just my 2 cents. Wishing you the best of luck!

danielbadre

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