Although many people who slip and fall on ice or snow may walk away from their accidents unharmed, depending on the circumstances, these unexpected falls can lead to serious injuries. An injury sustained during a routine wintertime activity like walking through a parking lot or entering a residential building complex could have ramifications that affect an accident victim’s entire life. Click here to learn more.
Category: Slip and Fall Accidents
Injured By Snow or Ice in Ontario? What the New Bill 118 Means for Your Claim
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.
Subway Accidents in Ontario: What you Need to Know
Public transportation is a way of life for many residents of Ontario as well as people around the globe. Subways are an integral part of public transportation systems and they provide a cost-effective and efficient way for citizens in busy metropolitan areas to navigate through the cities. While subways do provide an effective means of…
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…
Is an Apartment Owner Liable for a Tenant’s Slip and Fall Accident?
Property owners, such as companies that own apartment buildings, have a duty under Ontario law to keep their premises in safe condition. This means, among other things, that the property owner needs to maintain a reasonable schedule of safety inspections to identify and correct any potential hazards that might injure a tenant or lawful visitor…
What is the Standard of Care in Ontario?
Liability for a motor vehicle accident is based on whether or not the defendant breached the applicable “standard of care,” and thus caused the plaintiff’s injuries. In Ontario, the general rule governing standard of care is what would an “ordinary, reasonable, cautious and prudent person in the position and circumstances of the defendant” do when…
Do Ontarians Have a Right to a Jury Trial in Civil Matters?
A slip-and-fall accident may be the fault of multiple parties. If your accident occurs in a shopping centre, for example, liability might ultimately fall on the owner of the premises, an individual store that rents space, or even a contractor who performed shoddy maintenance work. Of course, when there are multiple parties who may be…
Establishing Causation in a Slip-and-Fall Accident
Slip-and-fall accidents can occur for any number of reasons. Many of these reasons may be tied to some negligent act or omission on the part of a property owner. For example, if a shopping center fails to repair a known pothole in its parking lot, an injured person could sue for damages. The same goes…
What are Family Law Act Damages and When Are You Entitled to Them?
Personal injuries don’t just affect the person who’s injured. If you or a loved one has ever been injured in a motor vehicle accident, slip and fall, or other incident, you know the emotional and financial toll that injury takes on the injured person’s family.Ontario law recognizes the impact that injuries to a person have…
Why is Representing Yourself in an Ontario Personal Injury Case a Bad Idea?
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: What You Need to Know
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…
How Difficult Is It to Prove Depression in an Ontario Disability Claim?
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…
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…
Ontario Slip and Fall Cases: What Can Go Wrong?
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…
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…
4 Differences Between Personal Injury Cases in Ontario and the United States
Given Ontario’s proximity to the United States, the prevalence of American media in popular culture, and the relative infrequency with which most people interact with the courts, it comes as no surprise that some Ontarians are more familiar with American legal concepts than their relevant Ontario counterparts.But personal injury cases in the United States and…
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…
5 Things to Know about Securing Disability Benefits in Ontario
When you are unable to work but have disability insurance, typically you’re going to a file a claim for disability benefits. But what happens when your claim is denied? The insurance companies don’t exist to help you — they want to meet their bottom line and keep costs down.A lawyer can make all the difference…
How Can a Slip and Fall Lawyer Help Me with a Slip and Fall Claim?
Last updated Feb. 15, 2018.Slip-and-fall accidents are one of the most common examples of Occupiers’ Liability claims in Ontario. These accidents can occur when a building or property owner fails to remedy dangerous conditions on his or her property, such as ice on steps, a puddle in a supermarket aisle, and so on.If you or…
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…
How Much Time Do I Have To File My Slip And Fall Claim?
Each province determines its own statute of limitations (time limit) for personal injury cases, such as slip and fall claims. In Ontario, for instance, the general statute of limitations is two years. This means that you must file your claim before the two-year anniversary of your accident. If you fail to do so, you will…
