Each winter, many Ontarians are injured in accidents caused by snow or ice. When these accidents were caused by the negligence of a property owner or their hired contractors, injured parties have up to two years to take legal action. But a new amendment to the province’s Occupiers’ Liability Act will impose a drastically shorter time-frame in which accident victims can provide notice of a claim, which could significantly impact a victim’s ability to recover compensation for their injuries. Click here to learn more.
Category: Premises Liability
Injured on Vacation: What to do Next, and how to Proceed
With the weather we’ve had this year, there are many more people looking to take vacations for a change of scenery — and of course weather. While our first thought when thinking fondly of a vacation to some exotic and tropical place may involve a picture of a palm tree or beautiful beach, sometimes even…
Amusement Park Injuries in Ontario: Everything you Need to Know
The roar of the roller coasters… the smell of the popcorn and cotton candy and the sounds of screams billowing from the rides. Sounds like these coming from amusement parks have long given residents of Ontario great joy and tons of family memories. Amusement parks have been a great family pastime for years. However, not…
The Role of Homeowner’s Insurance in a Personal Injury Claim
If you’re injured in a car accident in Ontario for which another person was at fault, you may already realize that you are entitled to Statutory Accident Benefits under your own auto insurance policy and third-party liability coverage under the at-fault driver’s policy. But what happens if you have a personal injury claim against another…
Sports Injuries in Ontario: What Are My Rights?
During 2016 and 2017, nearly 18,000 Canadians were hospitalized after suffering a sports injury, according to the Canadian Institute for Health Information (CIHI). In addition to taking the fun out of otherwise enjoyable activities, sports injuries also occupy a unique place in Ontario personal injury law.Specifically, obtaining a legal recovery for an injury sustained while…
Trampoline Park Safety in Ontario
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,…
Safety at the Gym: Premises Liability Issues in Ontario
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…
What is Ontario’s Golden Years Doctrine?
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…
Toronto Tobogganing Accidents: What You Need to Know
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…
Toronto Apartment-Injury Claims: What You Need to Know
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 —…
Ontario Personal Injury Claims: What are My Rights?
Every year in Ontario, tens of thousands of Ontarians suffer personal injuries as the result of motor-vehicle collisions, medical negligence, dangerous premises, defective products, and other causes. Unfortunately, not every injured Ontarian understands his or her legal rights in the context of a personal injury for which another person is at fault.Two of the most…
Ontario Tort Claims Explained
Over the summer, we published a video to answer the question, “What is a tort claim?” In it, we explained, “If a person’s negligent act caused your injuries, you are entitled to recover your damages from them in a lawsuit. This is called a tort claim.”That definition is good insofar as it goes, but today…
Ontario Slip and Fall Claims: What Types of Damages Can I File a Claim For?
You’ve probably heard of the word “damages,” in the legal sense, but what does it mean? Damages is in reference to the amount of money awarded in a lawsuit to help a person recover from their injuries, offsetting the losses and suffering caused by someone else’s negligence or fault.Damages in a personal injury lawsuit can…
Toronto Slip and Fall Claims: What is Negligence and How Do You Prove It?
Imagine this scenario: You’re visiting one of your favorite Toronto restaurants when you slip and fall on the way to your table. Was there a patch of water on the ground? No sign indicating that the tile might be slippery?You’re in a bit of pain, so you go to the emergency room and a doctor…
Swimming Pool Liability – Preszler Law Featured on The Morning Show!
During the summer, people like to keep cool by jumping and diving into their swimming pools. But who is responsible if someone is injured swimming in your pool?Preszler Law’s John Philp discusses the liability that comes with having a swimming pool and how you can protect yourself before an injury occurs.
Homeowner’s Liability – Preszler Law Featured on The Morning Show!
As a homeowner, being negligent towards property maintenance can cost you. Homeowners are liable for maintaining the safety of their property and any injuries sustained from overlooking those responsibilities.Preszler Law’s Jeffrey Preszler discusses the liabilities homeowners have of their property and how to mitigate the risk of an injury happening.
Indications Your Child Might Have a Brain Injury
Last updated Feb. 12, 2018.Injury is the leading cause of death for children in Canada, reports the Public Health Agency of Canada. Many of these deaths involve acquired brain injuries. Early diagnosis and treatment is critical, given that the impact of a serious traumatic brain injury can be massive, extensive and long-term.The long-term implications of…
What is a Slip and Fall Injury?
Last updated Feb. 13, 2018.A slip and fall injury is any injury that you sustain after slipping, tripping or stumbling and falling. Head trauma, fractures and spinal injuries are not uncommon, much like slip and fall accidents themselves. In fact, slip and fall accidents represent over 40% of the preventable injuries in Canada, according to…
Occupier’s Liability: Homeowners & Unsafe Premises
The rules for homeowners’ legal liability in regards to personal injuries are covered in Occupiers’ Liability Act, R.S.O. 1990, Chapter O.2. The law provides that when someone isDefining Occupiers’ Responsibilities injured on another person’s property, he or she may be able to file a premises liability claim to obtain compensation for damages.An “occupier,” according to…
Determining Eligibility for the Ontario Disability Support Program (ODSP)
Last updated Feb. 12, 2018.The Ontario Disability Support Program (ODSP) is a social assistance program that provides financially needy, significantly disabled Ontario residents with Income Support and Employment Supports.You will have to meet certain financial requirements in order to qualify for ODSP benefits. You can find out more information about the eligibility requirements by visiting…
What are Occupiers’ Liability Claims?
An occupiers’ liability claim in Ontario most typically is filed against a property owner or occupier who was somehow negligent in preventing injuries on his or her property. Such claims commonly arise from incidents such as a slip and fall on icy stairs, or a trip and fall on uneven ground or pot hole. A…
What Does ‘Duty of Care’ Mean When It Comes to Slip-and-Fall Accidents?
Last updated Feb. 13, 2018.Slip-and-fall injury victims and others injured on another’s property often wonder who is responsible for their accident and injuries. The Ontario Occupiers’ Liability Act governs slip-and-fall accidents in the province. This law outlines who can be liable in a slip-and-fall accident and what is required to secure compensation successfully in a…
Avoiding Wintertime Accidents: 7 Snowmobile Safety Tips
Last updated Feb. 15, 2018.Snowmobiling is a popular activity in Ontario, owing to our abundant snow and trails. In fact, the 2010 Ontario Road Safety Annual Report indicated there were more than 310,000 registered snowmobiles that year in Ontario.Unfortunately, this recreational activity and mode of transportation is not without hazard. The same safety report listed…
Hurt on Someone Else’s Property in Ontario? What You Need to Know About Duty of Care
Slip and fall injury victims and others injured on another’s property often wonder who is responsible for their accident and injuries. The Occupiers’ Liability Act of Ontario outlines who is liable in slip and falls – and other accidents – that occur on someone else’s property.The Occupiers’ Liability Act and associated laws outline a property…
What is A Slip/Trip and Fall Accident?
Have you slipped, tripped or fallen on another person’s property because of a hazardous situation such as ice, snow, water, poor lighting or a dangerous staircase? If so, you may be entitled to compensation for your pain, suffering and losses.A “slip and fall” or “trip and fall” accident generally refers to a situation in which…
