Personal Injury Category Archives

Beware Little-Known Limitation Periods in the National Defence Act

At any given time across this country, there are thousands of high school students in Ontario enrolled in various Army and Sea Cadet programs, not to mention army and navy personnel operating jeeps, humvees and heavy trucks on provincial roads. In connection with Army and Sea Cadet programs, these kids participate in potentially hazardous activities and injuries do occur from time to time. Motor vehicle accidents (MVAs) involving …

Injured and Still Working? You Still Deserve Compensation

A wheelchair next to a row of plastic chairs

When a serious injury occurs, it can have a major impact on the career path and potential earnings of the victim, but it is often difficult to predict the exact value of this loss. This valuation is even harder when considering the ongoing trend towards self-employed contract work and nontraditional employee/employer relationships. Sometimes, an injured person may earn the same or more than they did before their injury …

Waivers, Legal Consequences and Recreational Sports

snowboarder on the slopes with waiver superimposed

As we enter the final stretch of the winter season, many of us will take to the ski slopes, ice rinks or other recreational venues to enjoy what’s left of it. While having a great time is always the number one goal, it is important to be aware of some of the assumed legal risks involved. The recent decision of Levita v Alan Crew et …

Injured at work: How the employee-employer relationship affects the right to sue

construction worker at a dangerous job site

If you are injured while working, determining whether you are a worker or an independent operator is a critical question that could decide your right to sue for damages. Although a third party can still be sued, the Workplace Safety and Insurance Act, 1997 (WSIA) denies a worker’s right to sue their employer(s) if that worker is in the course of their employment when injured. …

What’s a Litigation Guardian?

A small child holding an adult's hand

Lawyers present legal options to their clients, make recommendations, and receive instructions on how to proceed. The foundational principle is that the client remains in control of their proceeding. However, when a client is incapable of providing instructions, and therefore incapable of controlling their proceeding, another party must become involved, and that party is the Litigation Guardian. The Law A person unable to instruct counsel …

Hurt in a car? Thanks to the Ontario government, expect to lose tens of thousands from your lawsuit.

For years, accident victims have had their general damages claims automatically reduced by a deductible. How does this deductible work and what does it mean? Let’s consider two scenarios: Imagine for example that you slip and fall on a sidewalk, you break your arm and you decide to sue for pain and suffering damages.  Imagine further that your pain and suffering damages are assessed as …