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Thank you Ontario! For 50 years, you’ve let Bergel Magence Personal Injury Lawyers take care of your families, and we are humbled and sincerely appreciative that you have named us the best Personal Injury Law Firm in the 2021 Toronto Star Readers’ Choice Awards. We are so proud to receive the top (Diamond level) award, and will continue to serve accident victims throughout Ontario with the utmost pride and passion. Thank you to everyone who voted for us!

  Jeremy Magence of Bergel Magence Personal Injury Lawyers was a featured guest on Things to Know T.O., where he discussed all things pertaining to Long Term Disability. To learn more, check out the video above. If you have any questions about Long Term Disability, Bergel Magence is here for you 24/7.Contact us today for a complimentary, no-obligation consultation. Visit us online or call us at 416.665.2000.

Over the past 12 months, pet ownership and adoption has increased substantially. While our furry friends provide love and companionship, sometimes they can get aggressive, leading to bites, attacks and various other injuries. Most dog owners aren’t aware that they can be held liable if their pet chases someone, leading to that person being injured. The injury doesn’t have to be caused by the dog’s teeth. Further, owners can be held liable for psychological trauma caused by their dog’s behaviour. Bergel Magence Personal Injury Lawyers has been handling dog bite/attack claims for nearly 50 years. Andrew Bergel recently appeared on [...]

Yesterday’s Golden Globes kicked off awards season. While awards seasons does not mean much for personal injury lawyers (most of us anyway), it is always a good time to revisit Jennifer Lawrence’s famous trip and fall as she went up to receive her Academy Award for her noteworthy performance in Silver Linings Playbook a few years ago. Once she did reach the podium, the audience gave her a standing ovation; a gesture Lawrence remarked as sympathetic due to her embarrassing fall. Fortunately (or unfortunately) for Lawrence, millions of people saw her trip. When most of us trip and fall, there is nary [...]

As New Year’s Day approaches party hard, but please remember to be mindful that, unfortunately, there are a lot of impaired drivers on the road. ALCOHOL: Statistics Canada reports that there are approximately 1,200 impaired driving incidents each weekendleading to Christmas and New Year’s Eve It also reports that 50% of impaired driving accidents happen between 11 p.m. - 4 a.m. MADD Canada reports that between 1,250 - 1,500 people are killed by impaired driving each year and over 63,000 are injured Therefore, we can’t advocate enough the need to have a plan when anticipating drinking this holiday season. Call [...]

So here is a great way to get a bad rating as an Uber driver: push the passenger out of the vehicle. (You can read the sordid details here.) However, while you probably do not have to worry about being pushed out of a vehicle while in your next Uber, you do have to be prepared if your Uber does get into an accident. First thing: get as much information as you can regarding the parties involved, including the drivers, the license plates, and insurance information for all parties. Pictures are always helpful, so click a few screens back and pull [...]

Something is rotten in the state of Denmark. Well, maybe not quite rotten. But consider the facts of a recent, real-life scenario: a Licence Appeal Tribunal (LAT) catastrophic determination decision that is then, internally, changed by a superior, which is then brought to the attention of the plaintiff through an anonymous note, who then brings an application before the Divisional Court to have the decision set aside. See, all the excitement of a Shakespeare play. Call us paranoid, but personal injury lawyers collectively were aghast after reading the fact pattern that led to the decision of Mary Shuttleworth v. Licence Appeal [...]

We’re pleased to welcome you to Bergel Magence LLP’s new look! We invite you to have a look around our updated website, subscribe to our various social media pages including Facebook, Twitter, LinkedIn and YouTube. While we may look a little different, we will continue to provide you with the stellar legal expertise that we have been demonstrating for nearly 50 years. We live by our motto that we treat all of our clients as if they’re family, and through our new website, blog and social media channels, we will endeavour to bring you important information regarding personal injury law, helpful safety tips, as well [...]

Bergel Magence LLP is pleased to be listed on the Canadian Lawyer annual survey of the top personal injury law firms in Canada. After over 40 years in the field of personal injury law, we continue to advocate for our clients and their families, and achieve the best results possible. We would be honoured if you would help recognize the firm by voting in the Canadian Lawyer survey by clicking here and acknowledging Bergel Magence as the top personal injury law firm in Canada. We sincerely appreciate your consideration and look forward to seeing the results

Ontario’s Wild Weekend on the Roads - Sometimes you just can’t make it up. In our industry, we can proudly say that we’ve see it all (see, for example, our blog about a car on a roof here:  But sometimes a weekend comes by and we are just flabbergasted by the events causing motor vehicle accidents. Here are just some of the wackier ones this past weekend (you can see the full article here if crazy accidents are your thing: https://www.thestar.com/news/gta/2016/11/27/highway-hell-as-opp-lays-more-than-70-impaired-driving-charges-over-weekend.html): Sgt. Kerry Schmidt of the OPP took to Twitter to report that, “The impaired driver of this vehicle crashed in [...]

Just when you thought you’ve seen it all, you wake up one morning and notice that your colleague is playing a game on his phone called Pokemon Go. Your colleague; not your nephew. He is a doctorate holding professional, and he is chasing animated characters using his phone. In case you have been living in a cave over the last week or so, or if you are so perplexed/perturbed that you just can’t figure out what is going on, the fine people at Vox (“Pokemon, Go Explained”) have given us the bottom line on this raging phenomenon: In simple terms, Pokémon Go [...]

Tradition says that Patrick, a 5th-century Romano-British Christian missionary and bishop in Ireland, died on March 17 in Downpatrick, Ireland. Since then, many legends have been told about Patrick, and the day is associated with unbridled revelry. Unfortunately, as is the case with many celebratory days, like Super Bowl Sunday or New Year’s Day, fatalities caused by drunk drivers are increased. As such, we would like to remind everyone who will be celebrating to stay safe. Here are some tips that are applicable for St. Patrick’s Day or any other festive days: 1. Don’t just drink, eat. Whether you want to stuff your [...]

Unfortunately, working with victims of motor vehicle accidents for close to 45 years, we have pretty much seen it all. But every now and then, a car accident is so bizarre that it even causes our collective eyebrows to raise a little. Such was the case last week in Los Angeles, California when a Lexus ended up on a roof. Luckily, neither the homeowner nor the driver was injured too badly. If bizarre accidents are your thing, you can read more about it here:https://www.nydailynews.com/news/national/lexus-ends-roof-los-angeles-home-crash-article-1.2519835?barcprox=true If there is anything we can learn from this incident is that you can never know [...]

There are two very popular items around this time of year: alcohol and toys. Although they both cater to different age groups (seemingly/ hopefully), they both require circumspection by the user. ALCOHOL: -Statistics Canada reports that there are approximately 1,200 impaired driving incidents each -weekend leading to Christmas and New Year’s Eve It also reports that 50% of impaired driving accidents happen between 11 p.m. – 4 a.m. MADD Canada reports that between 1,250 – 1,500 people are killed by impaired driving each year and over 63,000 are injured Therefore, we can’t advocate enough the need to have a plan when [...]

Jennifer Lawrence may play Katniss Everdeen in the smash hit young adult series The Hunger Games, but it is unclear if she would survive any sort of real-life Hunger Games. Recently, at the premiere for The Hunger Games: Mockingjay Part Two, Jennifer Lawrence reminded us why she has a reputation of being a bit of a klutz (albeit a superstar actor). While walking the red carpet in Madrid, she once again took a bit of a tumble. This follows a very infamous fall Lawrence endured on the way to receiving her Oscar a few years ago. Not ones to laugh at other people’s [...]

You may remember (way back to early September) when Canadian tennis star Eugenie Bouchard had to pull out of the US Open—due to a concussion—after she slipped and slammed her head in a darkened training room at the USTA Billie Jean King National Tennis Center. The details of the story, at least from her perspective, are that she went back to the locker room to take an ice bath. Once she got there, she was a little disoriented as the lights were off and the floor was slick; subsequently, she slipped and fell backward. Athlete or not, she did what [...]

As personal injury lawyers we tend not to endorse any sort of crash, especially premeditated ones. But we too were anxiously awaiting the results of the “torture test,” a procedure where a new iphone 6s was cruelly dropped from the top of the Eaton Centre to the abyss below. This must be the 2015 version of the classic egg drop experiments we had to do in school.  Luckily, unlike most of those unfortunate eggs, the iphone 6s was whisked away with nary a scratch. You can read more about that here. While we certainly do not deny the gleeful delight that [...]

Our law firm is comprised of many individuals who have varied interests outside the office. Some of us are classical music enthusiasts while others are Shakespeare fanatics. There is likely someone in our office who could recite the Constitution Act word for word. Although we would love to say that all of our personal interests are of the highest intellectual variety, we would be lying if that’s what we told you. Many of us are extremely well versed in popular culture. We’re not ashamed to admit that we know a thing or two about celebrity gossip. This is how we [...]

It is undeniable: the Jays are good. So good that this past Saturday fans threw their hats on the field to celebrate Encarnacion’s hat trick. This is Canada, and Edwin Encarnacion did launch his third home run of the game — a grand slam — in the seventh inning against the Tigers. Hat trick it is, even if it isn’t on the ice. But throwing things at things always puts up red flags for us (after all, we are personal injury lawyers). In fact, many people do get hurt at sporting events. In order to deny liability, owners and operators of [...]

As a child, I can vividly remember my stomach churning as I saw commercials for back-to-school retailers. Suddenly, images of beaches and sun were replaced with overeager children sporting the latest funky backpacks with stern teachers standing overhead. Even today, I still get some discomfort watching these commercials, even though I cannot remember the last time I had the summer off. So although for some kids back-to-school time means trudging back to prison, and for some parents it means breaking out the champagne, back-to-school time also means a time when school buses are back on the roads. As such, I [...]

Nothing ends the summer better than an annual visit to the Canadian National Exhibition(CNE). The merchandise, the rides, and the crowds of people have that fleeting fragrance of summer (sunscreen mixed with fried foods and salty sand?) all wrapped in a bundle of fun. And then of course, there’s the food. Whether you are brave enough to try the new foods—the chocolate fried chicken or the Thanksgiving waffles—or you like sticking with the classics such as funnel cakes, chances are the food is part of the memorable experience. Sometimes too memorable. In 2013, there was a frenzy over food contamination in [...]

TORONTO, Ont.—Feb. 19, 2015—Canada’s favourite NBA stars and BALLnROLL teamed up for an online charity auction whose success scored more than 90 sets of winter clothing for youth in need. All the memorabilia sold out, providing enough money to stock up on winter jackets, snow pants, gloves, hats and more for children of all ages across Toronto. BALLnROLL publisher Gad Elmaleh personally handed the garments off to members of the Toronto District School Board (TDSB) Tuesday. The TDSB’s trained child and youth counselors will now distribute the winter gear to the school kids who need them most. “It was a [...]

If yesterday’s Super Bowl taught us anything it is that in life sometimes people make some really bad calls. The best way to avoid mishaps and lost Super Bowls is to study the basics. In our realm that does not mean studying up on pass blocks or handoffs, it means keeping your property clean of liability by preparing for the worst. Owning a home, or a business that is open to the public, brings with it responsibilities. You may be considered liable if someone trips or falls while on your property if your property was not maintained in a way [...]

This past summer, motorcycle accidents that led to fatalities in Ontario were at a 7 year high. Most often these accidents are due to the negligence of other drivers. Still, motorcyclists assume particular risks when riding, even with the right safety gear or riding experience, and unfortunately often these types of accidents result in death or catastrophic injuries. Motorcyclists should be aware that their rights to receive compensation are identical to those of drivers of automobiles. Therefore, under Ontario Law, a victim may be entitled to receive both accident benefits, and sue for damages. Likewise, the statutory accident benefits are payable [...]

In our last blog, we introduced spinal cord injuries in general. This week we discuss spinal cord injuries that result in quadriplegia and paraplegia.  As defined bySpinal Cord Injury Ontario: Quadriplegia is paralysis of all four limbs (from the neck down) resulting from injury to the neck.  Fractures or compression of the vertebrae, which cause permanent damage to the spinal cord may lead to loss of sensation, movement, pain management, bladder and bowel control, as well as affecting sexual function. Paraplegia is the loss of sensation and movement in legs and in part or all of the trunk, usually resulting [...]

Too often we see clients who have unfortunately experienced spinal cord injuries due to a bad fall or a motor vehicle accident. With a spinal cord injury, there are two major factors that will affect a person’s mobility: the place of the injury along the spinal cord and the severity of injury to the spinal cord. The severity of the spinal cord injury is classified as either of the following: Complete: If almost all feeling (sensory) and all ability to control movement (motor function) are lost below the spinal cord injury, the injury is called complete. Incomplete: If there is some motor [...]

You can already smell the summer. After the brutal weather we had in Toronto this past winter, we can’t get enough sniffs. But although it may surprise you, summer driving is as dangerous, if not more so, than winter driving. That is bad news. Here are some reasons why summer driving could be dangerous: No school means there are more teen drivers on the road during the summer months. Due to the lack of experience, teens tend to be involved in more motor vehicle accidents than any other age group; Also, there is usually much more construction in the summer [...]

If you are a victim of an accident that left you brain injured, beside all the physical ailments that may be impacting you, you may also be struggling with decision making. It is therefore important that you get the assistance necessary to help you through this process. Whether that means getting help from family members, friends, or others, you want to be certain that the decisions you are making are lucid. One of the more important decisions you may have to make is choosing a lawyer for your case. You want to be certain that your lawyer not only possesses [...]

One of the first questions our clients ask is how much. Usually, they are not referring to how much we charge because we work on a contingency basis and will only take money off the settlement amount. They are asking how much their case is worth. Truthfully, any good lawyer would not tell you from your first consultation how much your case is worth. The purpose of this blog is to inform you of the factors that may be considered if you have been injured. You should also note that the goal of personal injury awards is not punitive in [...]

If any title- like in Statutory Accident Benefits Schedule- has four words in it, it is bound to be complicated. Especially if one of those words is statutory. If you were in a motor vehicle accident, the last thing you need is more stress. Therefore, we want to explain, albeit briefly, what this means. Under Ontario law, anyone injured in a motor vehicle accident may have two potential claims. The first one is a claim for statutory accident benefits, and the second one is a tort action (a suit against the at-fault party; a topic that deserves its own blog [...]

We can’t always expect things to go as planned. Take, for instance, the Super Bowl. The Broncos left the season as the best offensive team. Led by their quarterback- one of the best quarterbacks of all time- Peyton Manning, the Broncos had a record-breaking season, and were mostly favored to win. Yet, the big game comes along, and the Broncos get flattened. Steamrolled. Decimated. (Insert your Armageddon-ish verb here.) Sometimes life is predictable, but since it is often not, it is best to be ten steps ahead of it. Frequently, we get calls about serious injuries with potentially good claims. [...]

This past week Jennifer Lawrence won the Golden Globe for best supporting actress for her role in American Hustle. Her walk-up to receive the award was unremarkable compared to last year’s Academy Awards when she famously tripped on her way up to receive her Oscar for best actress for her noteworthy performance in Silver Linings Playbook. The audience eventually gave her a standing ovation; a gesture Lawrence remarked as sympathetic due to her embarrassing fall. Fortunately (or unfortunately) for Lawrence, millions of people saw her trip. When most of us trip and fall, there is nary a witness in site. This might make pursuing [...]

Recently the fine people at the New England Journal of Medicine published some results they collected from experiments with things like cell phones, driving, and people. You can read the whole article here, or we can just sum up for you the major findings- because we’re good like that. Most of these should not surprise you: For the younger drivers (16-17 years old) among us: The risk of a crash or near-miss increased more than sevenfold if these drivers were dialing or reaching for a cellphone and fourfold if they were sending or receiving a text message. The risk for an [...]

Since the powerful ice storm hit Toronto, we at the law firm are inundated with phone calls inquiring about suing the city for one reason or another. Most of these calls are not related to the ice storm at all. It seems that many of us stuck in the dark and cold for hours, or even days, could think of no better way to pass the time than by conjuring great law suits against the city. That is what happens when there is no TV to keep our imagination occupied. But in actuality, suits against a municipality for injuries sustained [...]

If you were raised with siblings then you know the concept of shared fault. Whether you started the fight or you were just the innocent victim, you would probably hear the same thing I don’t care who started it. Seemingly, in the eyes of our parents our mere existence warranted at least some blame. At some point in our legal history, courts started to take cues from parents and adopted- albeit in a slightly different fashion- a shared fault system known as contributory negligence. In a nutshell, contributory negligence means that you, the injured party, may have contributed to your injuries because [...]

We hate to say this, but our “busy season” is winter. For some people, the first snowfall of the season means hiding in a cave and hibernating; for others it means a mad dash to grab the ski equipment. Regardless of your feelings towards the cold white stuff, however, the winter season brings with it many more motor vehicle accidents. At risk of making our busy season slightly boring, we provide you with the following tips in case of inclement weather: The general idea is to be chivalrous. While you are driving remember to be sensitive and gentle. In return, [...]

Before Rob Ford encountered questions about smoking crack cocaine, making himself good fodder for late-night TV jokes, he crashed into a news camera. Literally. I don’t know if you missed this one, but it happened last April, and was a good enough to make it into the Jimmy Kimmel show. Which got me thinking- every now and then we all crash into things, right? I mean some of those things could be couches, doors (especially those fancy glass ones) or sometimes, and unfortunately so, other cars. Maybe it’s our fault, maybe it’s not, but I thought it would be important [...]

As a true St. Louis Cardinals baseball fan, I am always rooting for a good home run. That being said, even I will concede a certain bitter-sweetness when that ball ends up hitting someone. Luckily, in that particular case (a Kozma home run), the woman, apparently abandoned by her boyfriend as he dodged the not-so-metaphoric bullet, was not injured. However, frequently, especially in baseball and hockey games, fans do get injured by balls or pucks. In order to deny any liability, owners and operators of sporting venues involved in personal injury law suits will assert an assumption of risk defence. [...]

Mental Impairment under Ontario’s SABS Under Ontario’s Statutory Accident Benefits Schedule (SABS) an injury can fall into one of three categories: 1. a minor injury; 2. Non-minor injury; or 3. Catastrophic injury or impairment. The type of category your injury is placed in will impact the extent of your benefits under the SABS. Minor injuries, which are defined by the SABS, include cuts, bruises, strains, sprains. Catastrophic injuries, also defined by the SABS, include amputated limbs, spinal cord injuries, or serious brain damage. The Non-minor injury is the in-between category. Insurance companies tend to place most people in the minor [...]

We are all familiar with slapstick comedy; that is Hollywood’s portrayal of a slip and fall. It’s probably a black and white show, and some guy in a really fancy suit carrying an unimaginably large cake slips on a banana. Laughter and applause ensues. This sort of comedy might work in making us cheerful on a long winter night, but it also ensures our jobs as lawyers. What is funny in Hollywood can actually be a serious legal matter known as premises or occupier’s liability. In any negligence claim, it is important to realize that one of the factors necessary [...]