Personal Injury Category Archives

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 …

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 …