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Thursday, May 25, 2017 @ 10:03 AM

ICBC’s anti-fraud advertising: purely educational or jury interference? | Sandra Kovacs

Earlier this year British Columbia’s public auto insurer, the Insurance Corporation of British Columbia, released a new “anti-fraud” TV commercial featuring an adorable ginger-haired little boy wearing his dad’s hard hat, standing at the front of his elementary school classroom, delivering his presentation on Career Day: My dad’s a carpenter. He builds houses. But he’s not working right now, because he got hurt in a car crash. So now, we go mountain biking together almost every day! And he says he’s going to make a whole bunch of money, too. And now, he’s building a tree house in our backyard!” ... [read more]

Wednesday, May 24, 2017 @ 9:33 AM

Toronto Region changing personal injury jury case schedules Shane Henry

Starting this fall, personal injury lawyers in Toronto will be operating under a new jury trial sitting pilot program. ... [read more]

Wednesday, May 17, 2017 @ 10:57 AM

Court of Appeal case provides clarity around litigation guardian duties Stuart Zacharias

The Ontario Court of Appeal on May 12 overturned a lower court in a case involving an infant who sustained brain injuries in a car accident. A motion to list the City of Sudbury as a defendant in the case was dismissed on the grounds that the Municipal Act notice wasn’t given in time by the infant’s litigation guardian. ... [read more]

Tuesday, May 16, 2017 @ 3:24 PM

B.C. Court of Appeal dismisses former CFL player’s concussion lawsuit Robyn Wishart

The British Columbia Court of Appeal has dismissed a lawsuit by a former Canadian Football League (CFL) player against the league after he alleged it failed to provide safe working conditions when he sustained a head injury while playing football in 2012. ... [read more]

Tuesday, May 16, 2017 @ 9:42 AM

Neinstein's Embury elected to OTLA board of directors

Neinstein Personal Injury Lawyers has announced that Duncan Embury, head of Neinstein’s medical malpractice group, has been elected to the board of directors of the Ontario Trial Lawyers Association (OTLA). ... [read more]

Tuesday, May 16, 2017 @ 8:45 AM

OCCUPIERS' LIABILITY - Definitions - Occupier - Statutory - Particular situations - Ice and snow

Appeal by the defendant, Starbucks, from a pre-trial ruling that it was an occupier for the purpose of the Occupiers' Liability Act (OLA). The plaintiff slipped and fell on an ice-covered municipal sidewalk at the entrance to a Starbucks patio. The Starbucks was located within a small retail mall. The patio was enclosed by a fence that included an opening that seamlessly joined the patio with the sidewalk. The trial judge found that the patio was not a common element of the shopping centre complex, and that Starbucks maintained the area leading into the patio from the sidewalk where the plaintiff's fall occurred. The judge ruled that Starbucks was an occupier of that part of the sidewalk and therefore owed the plaintiff a duty of care. The jury ultimately found that Starbucks breached its duty of care as an occupier. Starbucks appealed. ... [read more]

Monday, May 15, 2017 @ 8:26 AM

Tort defendants responsible for accident benefit arbitration costs

Access to justice is being denied for injured Ontario motorists as a result of the mandated use of the Licence Appeal Tribunal (LAT) as the exclusive means to resolve all accident benefit disputes given that the LAT does not allow a claimant to recover any dispute costs. But, thankfully, the courts have found a back-door way to award arbitration costs to injured motorists as part of tort cost awards. ... [read more]

Wednesday, May 10, 2017 @ 9:18 AM

LIABILITIES OF MUNICIPALITY - Negligence - Duty of care - Types - Property maintenance and operation - Highways

Appeal by the defendant County of Lennox and Addington (County) and Town of Greater Napanee (Town) from the finding of liability and award of damages made against them in relation to a motor vehicle accident. The respondent Leslie Lloyd (LL) suffered serious injuries when she collided with a propane truck on a curve in the road. LL suffered serious permanent disabilities affecting her mobility, speech, dexterity, cognition and overall functioning. The County was the owner of the road on which the accident occurred and the Town was responsible for its winter maintenance pursuant to a 1998 agreement between the appellants. At the time of the accident, it was snowing heavily and the road was slippery and snow-covered. Although the plows had been called out for road maintenance and two plow drivers indicated that section of road had received maintenance, there was no evidence that the road had been plowed, sanded or salted. The judge found that at the time of the accident, the section of road was in a state of non-repair. He further found that the Town failed to show that it undertook reasonable efforts to address a condition of non-repair. He went on to conclude that the condition of non-repair caused or contributed to LL’s injuries. He found that the driver of the propane truck, with whom the respondents had settled, was partially liable for the accident and that LL was also partly at fault. He apportioned 60 per cent liability to the appellants, 30 per cent to the propane truck driver and 10 per cent to LL. He assessed the respondents’ damages at $4 million, including $2 million for attendant care costs. He also awarded the respondents costs of $750,000. The appellants appealed, arguing that the trial judge erred in his finding of liability and in his interpretation and application of their duty under the Municipal Act to clear roads of snow and ice. They also appealed the award of damages for attendant care costs and the costs of the action. Finally, they claimed that the judge exhibited bias against them. ... [read more]

Monday, May 08, 2017 @ 7:33 AM

Escalators not always a walk in the park

“An Escalator can never break: it can only become stairs. You should never see an Escalator Temporarily Out of Order Sign, just Escalator Temporarily Stairs. Sorry for the convenience.” – Mitch Hedberg.  The above quote by the late comedian Mitch Hedberg indicates, as many believe, that escalators are just moving stairs. However, when walking on an escalator, people are exposed to the potential of tripping and falling. The Technical Standards & Safety Authority (TSSA) reported that from 2012 to 2014 there were more than 800 injuries associated with escalator passengers in Ontario, and the Consumer Product Safety Commission (CPSC) estimated that 75% of escalator injuries in the U.S. resulted from falls. ... [read more]

Monday, May 08, 2017 @ 7:04 AM

Ontario court rules Starbucks ‘occupier’ of adjacent sidewalk in personal injury case Murray Tkatch

Commercial establishments that rely on a portion of municipal property to welcome customers should take note of an Ontario Court of Appeal decision released last week. ... [read more]