What You Need to Know About Long-Term Disability Benefits
Many employers provide Long-Term Disability (LTD) insurance to their employees. This insurance means that an employee who is unable to work for an extended period of time due to injury or illness is eligible to receive income replacement benefits as set out in the policy. For the individual employee, it is comforting to know that […]
No “Home Free” Defence for Commercial Host
A recent trial decision in the Ontario Superior Court has confirmed that a commercial host that overserves a patron is not “off the hook” if the impaired patron manages to get home safely before getting back in a car and causing an accident. Social Host Liability It has been well established by a series of […]
Voluntary Assumption of Risk
The concept of voluntary assumption of risk is often raised in defence of claims against occupiers. The law regarding a party voluntarily assuming risk is well established in Canada. It is covered by the Latin maxim – volenti non fit injuria. This maxim stands for the proposition that no wrong can be done to a […]
The Elements Of Negligence
In order to succeed in a negligence case, the plaintiff must prove the following four elements in order to establish that the defendant acted in a negligent manner, and the plaintiff is entitled to a judgment: Duty The plaintiff must show that the defendant owed her a legal duty of care under the circumstances. The […]
One Boating Accident, Two Insurance Policies. Which One Pays?
The recent Court of Appeal decision in the case of TD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5, addresses a situation where the owner and the operator of a motorboat involved in an accident both have policies of insurance that cover the loss. The case arose out of a boating accident in […]
A Pothole Ate My Car
Spring has sprung and Ottawa’s potholes are multiplying in number and growing in size. Cars are falling into potholes causing lost hubcaps, flat tires and body damage. Is the city liable to cover damage caused by potholes? The Municipal Act prescribes the size and age a pothole must be before the city can be held […]
Do Cyclists Have Legal Protection if Struck by a Vehicle?
Cyclists, unlike drivers, are not required to have insurance. However, a cyclist injured in a collision with a motor vehicle has legal rights that include the ability to receive accident benefits and compensation. There are several ways in which a cyclist can obtain appropriate payment for their injuries and financial losses. Each cyclist’s circumstances are […]
What is a Litigation Guardian?
In a Personal Injury action the lawyer explains various legal options to the client, makes recommendations as to how best to proceed and then gets instructions on how to advance the client’s case. The underlying principle is that the client remains in control of their case. If a client is legally incapable of providing instructions […]
The Most Common Causes of Car Accidents in Canada
Recent studies on car accidents in Ontario confirm that many drivers are not leaving enough space between themselves and other vehicles — more than 25% of collisions involve a car being rear-ended, according to 2016 statistics. Crashes occurring while going through intersections or turning are almost as frequent. The number of collisions is on the rise […]
