For many, a dog can be a best friend, helper or guard. However, with dog ownership comes the responsibility of ensuring that your dog does not injure others. As the weather warms up, it becomes more common to see people taking their dogs out to parks and enjoying the day. Without a doubt, having a dog can be a very rewarding experience. However, if you are a dog owner or are considering becoming one, it is important to consider and…
The terrifying reality is that pedestrian versus motor vehicle collisions often result in serious injuries. With the high number of accidents on city roads each day, we all share the burden of making our streets safer. Interestingly, the law treats pedestrian accidents differently than other accidents. One of the first things I do when I wake up in the morning is check the local news. Today, the major headline was another deadly pedestrian hit-and-run accident. As I prepare for work,…
Toronto has had a winter unlike any other in our recent memory. With constant buildup of snow and ice, it is important to remember that property owners and tenants (or “occupiers”) have a responsibility to ensure that pedestrians are safe when traversing their property. While a pedestrian has the obligation to take reasonable care when walking, they should also not be subjected to unexpected hazards. Potentially dangerous conditions could include: Ice/snow that has not been cleared Slippery floors (spills, wet…
A person who has been injured in any accident involving a motor vehicle can claim accident benefits regardless of fault. These benefits are available without having to sue a third party. Every automobile insurance policy in Ontario has mandatory accident benefits coverage. These benefits cover not just an occupant of an automobile (eg. cars and buses), but also include pedestrians, cyclists, as well as family members who may also claim benefits if they have suffered losses as a result of…
When it comes to walking outside during the winter, my rule has always been “better safe than sorry,” even if it means doubling the time it usually takes me to walk somewhere. However, even if you walk carefully and wear proper footwear, it is still possible to fall victim to a patch of ice. When someone slips and falls on a public sidewalk due to ice or snow, the city may be liable for the injuries sustained if it was…
Despite efforts by many municipalities to make streets more bike-friendly, cyclists are still at a major disadvantage when sharing the road with motor vehicles. In my practice as a personal injury lawyer in Ontario, some of the most devastating injuries we come across involve cyclists struck by cars. Given how short our summers tend to feel, it’s not surprising that many of us grab our bikes as soon as warmer weather arrives. Besides being an environmentally friendly form of transportation,…
I’m sure that most of you have experienced the feeling of having to be somewhere by a certain time, only to get on the road and face terrible traffic and road closures due to car accidents. Thankfully, most accidents are minor and involve only property damage and some minor clean-up of the roads. However, during the summer when the weather is beautiful, we tend to see more serious accidents where high speeds combined with distracted driving result in tragic consequences….
Have you ever wondered what steps are involved when you initiate a lawsuit? It’s easy to picture a case going to trial before a judge or jury but before a trial can take place, there are many steps that need to be undertaken before a matter can proceed through the court system. Here are the main steps of a civil proceeding in Ontario, keeping in mind that many cases settle before trial: Investigatory phase Before a lawsuit can be filed,…
In an adversarial environment, lawyers on both sides will endeavor to put their best foot forward on behalf of their clients. However, experts are always expected to provide the court with unbiased, non-partisan opinion evidence. Recent judicial decisions have helped identify situations of bias and helped to clarify circumstances when the court may choose to include or exclude an expert’s evidence. The starting point for any analysis as to the role and duty of experts can be found at 4.1.01…