Childbirth is one of life’s most beautiful events. We commonly hear people refer to the process in religious terms, calling it a “miracle,” which is how it often seems to new parents. But childbirth is an odd sort of miracle, because it is also fraught with risks. One Ontario judge has referred to it as…
When many people think of personal-injury lawsuits, they think of the exorbitant judgments we often hear about coming out of the United States. A significant portion of those judgments is typically a high award for the physical and mental pain and suffering that a person endures as a result of his or her injury.In Ontario,…
In March 2018, the Legislative Assembly of Ontario enacted Rowan’s Law (Concussion Safety), a new law aimed at protecting amateur athletes from the dangers of concussions. A concussion is a traumatic brain injury caused by the movement of the brain inside the skull, typically as the result of a bump or blow to the head…
Before a personal-injury lawsuit in Ontario goes to trial, the parties engage in discovery. Discovery is a process by which the parties share information and evidence with each other to encourage a settlement and avoid “trial by surprise”—the sort of unanticipated evidence or witnesses that make fictional lawsuits so entertaining.Normally, the materials shared in discovery…
Ontario law requires all auto insurance companies to provide specific benefits to policyholders. These requirements are set forth in the Statutory Accident Benefits Schedule (SABS). Depending on the specific facts of your car accident, you are entitled to benefits such as medical treatment costs (beyond what your other insurance covers) and income replacement benefits if…
A serious motor vehicle accident can leave you unable to return to work and thus earn a living. In such cases you may be eligible for benefits under a long-term disability insurance policy, as well as damages from the negligent driver in a separate tort (personal injury) claim. Of course, either the negligent driver or…
In any Ontario personal injury claim, such as a lawsuit against a negligent driver who caused a car accident, either side has the right to request a jury trial. This is normally done by serving the other party with a jury notice. But while a jury trial is the norm, the other side may file…
There are a surprisingly large number of Canadians who think they can represent themselves in court without the assistance of a qualified lawyer. Self-represented litigants are quite common these days in family court matters like divorce, but they are increasingly seen in other kinds of civil matters, as well, such as slip and fall accident…
Herniated discs are no laughing matter. They’re a type of back injury that may be caused by a slip and fall injury or car accident — and you may not notice the pain right away. A herniated disc may even cause pain or discomfort to radiate down to your feet, making it difficult to enjoy…
One of the more complex issues that often need to be addressed following a Toronto car accident is determining fault when two or more parties are involved. Take a simple, two-vehicle collision in which each driver insists the other caused the accident. What happens if a judge or jury decides both sides were liable to…
The birth of a child is one of the most joyous events in any person’s life. Seeing your newborn son or daughter for the first time after nine long months of the physical and emotional burdens of pregnancy is an experience like no other.But when a pregnancy or birth is marred by negligent medical care,…
A catastrophic birth injury can rob your child of his or her future even before your child take a breath in this world. Parents who planned to celebrate the arrival of their new baby instead must face the question of how to pay for a lifetime of medical care for a severely injured child. In…
Many Ontarians have long-term disability insurance through their employers. Such policies provide income replacement if the employee is unable to return to work after other short-term disability benefits expire. In some situations, an employee may not immediately recognize to apply for long-term disability. For instance, if the employee suffered a traumatic brain injury, the more…
We all remember the fun of playing in our friends’ backyards when we were kids, particularly if they had a playground or trampoline. Trampoline parks are meant to combine the best of both worlds, but they can also be incredibly dangerous. In Canada, there are few safety regulations for trampoline parks that are actually enforceable,…
When a person is injured by another’s wrongdoing — whether those injuries are physical or emotional, as in a personal injury claim, or only legal, as in a breach-of-contract claim — Ontario law permits the injured person to sue for compensation for his or her injuries.That compensation comes in the form of damages, which are…
According to the World Health Organization, depression is the leading cause of disability worldwide — it affects more than 300 million people globally. In Canada, by the time a person turns 40, there is a 50% chance that he or she has, or has had, a mental illness.Thankfully, Canadian law and disability insurance policies generally…
Every January sees a dramatic influx of new members to Ontario gyms. The Central Ontario Better Business Bureau estimates that gym activity increases by 50% from December to January, and at least one gym in Kitchener reported that 70% of its new members sign up that month.Although many of those new members stop going by…
Ontario law entitles a plaintiff to recover damages from a defendant who negligently injures him or her. The goal of the law is to return the plaintiff to the original position — that is, the position the plaintiff would have been in had the injury not occurred.For some kinds of damages, like medical bills or…
With the Winter Olympics in Pyeongchang having completed, we can’t be the only ones thinking of taking some time off for our own snowy sporting fun closer to home. One popular, practical, and relatively inexpensive option for winter-time thrill-seekers throughout Canada is tobogganing, also known as riding a thin board downhill at high speeds.Not to…
Undergoing surgery always involves risks. Before a surgeon can operate on a patient, he or she must first inform the patient of the material risks involved in the procedure, and obtain the patient’s consent in light of those risks. But one risk that many people — including medical professionals — are often unaware of is…
We’ve discussed Ontario slip and fall cases in detail in the past. As we explained then, such cases are governed by the Occupiers’ Liability Act (OLA). The crux of the OLA is found in section 3(1), which provides that:[a]n occupier of premises owes a duty to take such care as in all the circumstances of…
Since 2014, the number of ridesharing services operating in Ontario has ballooned. Uber began offering its app that year, and it was joined by RideCo in 2016. Late last year, InstaRyde, Facedrive, ecoRIDES, and Lyft also began offering their own ridesharing solutions in Toronto.The response has been enthusiastic. In fact, even before Lyft launched its…
The last few years have seen significant fluctuations in the annual number of motor vehicle collisions in Ontario causing personal injuries or death. In 2014, there were 38,724 such accidents — 4,000 fewer than in 2013. 2015 saw fatal collisions and injury collisions jump to nearly 40,000. In 2016, the number fell again, to less…
In 2011, Statistics Canada published a report on injuries using information from the 2009 to 2010 Canadian Community Health Survey. It found that falls were the leading cause of injury in Canada. Among adolescents, these typically occurred while playing sports. But among seniors, falls usually occurred while walking or doing household chores.When those injuries —…
Last updated Jan. 22, 2018.Dairn Shane and Joseph Fearon were successful at the Supreme Court of Canada in a landmark ruling on psychological injuries, Saadati v. Moorhead. Mr. Shane argued the case at all levels of appeal and at trial.Mr. Saadati suffered serious psychological injuries as a result of multiple car accidents. The Court of…
The results of this quiz are not intended to guarantee the outcome of your potential case. It is an application we have developed to help you get a better understanding of your situation and should not be viewed as the equivalent of speaking with an attorney.
