Q&A: Hurt in a Car-Accident and someone needs to pay!

Question:

I have been in a car accident and suffered an injury. Can I sue the other driver?

Answer:

Saskatchewan is often referred to as a no-fault insurance jurisdiction. The reality is more nuanced.

In Saskatchewan, you can elect to either have no-fault insurance or ‘tort-election’ insurance. Each comes with different abilities to sue at fault drivers for your pain and suffering

The default coverage is no-fault insurance in Saskatchewan. With this option, you cannot sue the party who hurt you. Instead, SGI compensates you for your injuries, regardless of who caused the accident. Under no-fault coverage, SGI provides you with a broad range of benefits. However, this does not prevent you from suing the other party for some forms of specific economic loss above and beyond what was covered by your no-fault insurance. For example,

Saskatchewan driver’s are entitled to choose tort-election insurance instead of the no-fault coverage default. With this option, you still get basic insurance regardless of whoever caused the accident. However, the standard benefits included are fewer than no-fault coverage. Under this form of insurance, if the other driver is at fault, you are able to sue them for any injuries over and above your benefits, as well as any pain and suffering that may have resulted from the collision.

Tort-election coverage also allows you to also sue for economic loss: think loss of wages because you missed work due to your injuries. If you suffer what the government calls a ‘catastrophic injury,’ along the lines of paralysis or amputation, you will be entitled to additional benefits to compensate for this.

Tort-election insurance is subject to the regular rules of negligence and contributory negligence. This means if you choose to sue the other side under tort-election, there is a chance you may also be found at fault. If this happens, your damages will be reduced accordingly.

For more information about vehicle insurance in Saskatchewan, contact Jennifer D. Pereira, Q.C.

The above is for general information only. Parties should consider seeking legal advice prior to taking action in specific situations.
Copyright 2019 by Robertson Stromberg LLP. All rights reserved.

Jennifer Pereira Honoured with Queen’s Counsel Designation

Congratulations to Jennifer Da Silva Pereira who is among the eighteen distinguished Saskatchewan lawyers honoured with the Queen’s Counsel Designation for 2018.

Queen’s Counsel appointments are based on recommendations from a selection committee consisting of Saskatchewan’s Minister of Justice and Attorney General, the Chief Justice of the Court of Appeal for Saskatchewan or the Chief Justice of the Court of Queen’s Bench and the past presidents of the Saskatchewan branch of the Canadian Bar Association and the Law Society of Saskatchewan.

The announcement was made by Justice Minister and Attorney General Don Morgan on Tuesday, December 18.  In his announcement he said, “These individuals have made significant contributions to the legal profession, the justice system and their communities. I’m pleased to recognize their hard work and dedication to our province.”

Those who know Jennifer are well aware of her talents and energy.  Alongside her busy practice, Jennifer tirelessly contributes to her profession and her local, provincial and national communities.  Her involvement in professional and community events are documented on her Robertson Stromberg profile.

Well done and well deserved, Jenn.

 

 

 

Jennifer Pereira To Chair CBA Mid-Winter Meetings

“Enhancing Justice” is the title for the Canadian Bar Association’s Mid-Winter Meetings set for January 31 and February 1, 2019 in Saskatoon.  Jennifer Pereira, Chairperson for the event has announced that experts and distinguished speakers addressing the meeting will include:

 

  • Chief Justice R. Wagner of the Supreme Court of Canada
  • Chief Justice M. Popescul of the Saskatchewan Court of Queen’s Bench
  • Justice M.T. Megaw and Bill Johnson QC
  • Saskatchewan Minister of Justice and Attorney General Don Morgan QC
  • Angela Chiason, lawyer and frequent media commentator
  • Chief Commissioner of the Saskatchewan Human Rights Commission, Judge David Arnot
  • Howard Sapers, Independent Advisor on Corrections Reform

Jennifer Pereira Presents on Marijuana and Insurance Issues

In October 2018, federal legislation comes into force which authorizes Canadian provinces and territories to establish mechanisms for the sale of recreational marijuana.

Anticipating the effect this may have on its members, the Law Society of Saskatchewan is offering the seminar After the Ashes – The Legalization of Recreational Marijuana to address some of the issues faced by various practice areas.

This televised seminar takes place Friday, September 28, 2018 and included in the agenda is Jennifer Pereira‘s presentation on “Marijuana and Insurance Issues”.

Twelve RS Lawyers named to 2019 Best Lawyers List

August 21, 2018 — Robertson Stromberg LLP is pleased to announce that 12 lawyers have been included in the 2019 Edition of The Best Lawyers in Canada. Since it was first published in 1983, Best Lawyers™ has become universally regarded as the definitive guide to legal excellence.

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries.

“Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. After three decades, we are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide,” says CEO Phillip Greer.

Lawyers on The Best Lawyers in Canada list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Robertson Stromberg LLP would like to congratulate the following lawyers named to 2019 The Best Lawyers in Canada list:

  • Misty S. Alexandre- Construction Law
  • M. Kim Anderson- Insolvency and Financial Restructuring Law, Banking and Finance Law
  • Christopher J. H. Donald- Corporate Law
  • Melvin A. Gerspacher- Tax Law
  • Allan M. Haubrich- Trusts and Estates
  • Tiffany M. Paulsen- Family Law
  • Jennifer D. Pereira- Insurance Law
  • Leslie W. Prosser- Natural Resources Law, Corporate Law, Mining Law
  • Reynold A. Robertson- Education Law
  • Scott D. Waters- Banking and Finance Law, Corporate Governance Practice
  • Gary D. Young- Insurance Law, Corporate and Commercial Litigation
  • Kenneth K. E. Ziegler- Immigration Law
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