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Category: Slip and Falls

Dealing with liability in slip and fall accidents

Dealing with liability in slip and fall accidents

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…

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Claiming against the city for slip and fall accidents on icy sidewalks

Claiming against the city for slip and fall accidents on icy sidewalks

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…

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Here Are the Steps of a Lawsuit

Here Are the Steps of a Lawsuit

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,…

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How the courts hold expert witnesses’ feet to the fire

How the courts hold expert witnesses’ feet to the fire

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…

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