Personal Injury Category Archives

Injured on Municipal Property: A Story of Triumph

Last year in the case Seif v. Toronto, a Toronto judge ruled that a woman who tripped on a poorly maintained City sidewalk was prevented from even bringing her case before a judge because she had failed to provide written notice to the City within 10 days of the incident. In this case, the woman broke her wrist when she tripped and fell on a …

The War on Toboggans is Not Due to Lawsuits or the Courts

Are municipalities getting nailed with lawsuits for kids and families tobogganing on city property? Absolutely not! Are they held responsible when they know someone will get hurt, but do nothing about it? Sometimes, but it is extremely rare. If there is a war by municipalities against tobogganing, don’t blame lawsuits. Believe it or not, tobogganing cases going to court against a city or town are …

Accessing Justice Through Legal Expense Insurance: A New Perspective for the Injured Claimant

Access to justice plays a vital role in maintaining the rule of law and ensuring fairness and equality within our civil justice system. In a perfect world, justice could be done without regard to the high costs of litigation. Regrettably, we live in a world that is far from perfect and litigants must be mindful of the high costs and risks of litigation. Despite the …

Holiday Safety Part Two: Occupier’s Liability

Last week on the OTLA blog, we posted about how to keep your home safe for holiday visitors. This week, we’ll take a more in-depth look not only at the obligations that apply to homeowners, but also those which extend to commercial property owners. The obligations of a property owner are outlined in the Occupiers Liability Act (“the Act”). An “occupier” is defined as “a person in physical …

The Dangers of Non-Lawyer Owned Law Firms

OTLA has published a submission to the Law Society of Upper Canada in response to the discussion of Alternative Business Structures. You can find it here. Should non-lawyers be allowed to own law firms in Ontario? This is a question that the Law Society of Upper Canada (“LSUC”) is currently grappling with. The LSUC, which regulates the provision of legal services in Ontario, is considering whether …

Back to School, Back to Sports

Back to School, Back to Sports September brings kids back to school and back to the sports field. Very soon, teams of kids will be racing onto football fields and begin crashing into each other with the all the wild abandon of bulls on the streets of Pamplona. The reality of a sport like football is that a good number of kids will walk away from the …