Personal Injury Category Archives

Suing a Landlord for Negligence: Limitation Periods

The floor tiles are chipped. There is a crack in the drywall. The carpet is torn and unsecured. The bathtub leaks onto the floor. In residential premises, a tenant can trip, slip, or fall due to any of these conditions. If injured, can the tenant sue their landlord for negligence? And if so, what are the time limits for commencing such an action? Many Ontarians are familiar with …

Protecting Our Elderly from Harm: Long-Term Vision Needed in Long-Term Care

Long-Term Care Resident

Elizabeth Wettlaufer, a former registered nurse practicing in Ontario for over 21 years at several long-term care homes has been formally charged with first-degree murder in the deaths of 8 elderly residents. The alleged serial murders occurred between August 2007 and August 2014 through the suspected administering of an insulin overdose. Police have not ruled out other murder victims but investigations are ongoing. Seven of …

What happens if I’m hurt on public transit?

Point of view from someone hurt on public transit

Accidents involving public transportation vehicles pose unique legal challenges, often leaving injured individuals unsure of their options. It is important to speak to an experienced personal injury lawyer as soon as possible after an incident to discuss these options. Ontario laws governing the recovery of benefits or compensation for injuries sustained on public transit depend on several factors, including: the owner(s) of the vehicle(s), who …

Seeing Through the Haze of Canadian Marijuana Laws

Canadian flag with maple leaf replaced by marijuana leaf

As Canada nears the likely legalization of marijuana for recreational use, a host of issues will impact on users for medical purposes. Presently, the possession, distribution and production of marijuana is illegal. An exception to this applies to medicinal use. Long-term medical, legal, and business effects of marijuana legalization remain clouded. Introduction of recreational marijuana legislation is expected in spring 2017. Until then, Canada holds its breath.

Justice for Injured Workers: Loss of Competitive Advantage Awards

Saw blade set in tree stump

Income Loss Claims Given that general damage awards are capped in Canada, income loss claims can often make up a sizeable portion of damage awards. Income loss quantification is usually straightforward, particularly when a Plaintiff has had a settled line of work over an established period of time. If they are no longer able to continue working due to a personal injury, their past income …

What To Do If You Are Injured in an Accident in the United States

Globe, focused on US-Canadian border

If you are from Ontario and are involved in a car crash in the United States, you may be able to commence an action in Ontario, in the state in which the accident occurred, or both. Your ability to do so will depend upon many factors, including any insurance available to the parties involved and the particular facts of each case.