Personal Injury Category Archives

Head injuries in professional sports raise awareness for concussions and traumatic brain injuries

Earlier this month, we saw Germany take home the 2014 World Cup with a beautiful goal by Mario Gotze. However, during the same game, Christoph Kramer’s head first collision with Argentina’s Ezequiel Garay arguably received just as much attention. The replay shows Kramer’s head violently strike the shoulder of Garay and whip backwards causing him to collapse on the field. After the hit, Kramer continued …

Medical malpractice in the media: the Toronto Star

In November 2013, OTLA submitted recommendations on the Draft Transparency Principles, proposed by the College of Physicians and Surgeons of Ontario (CPSO). In the submission, OTLA expressed the importance of patient safety: “OTLA feels that the overriding concern in establishing and applying these transparency principles must be, first and foremost, the protection of the public and disclosure of information, not the protection of the physician’s privacy.” …

If you fall, make the call!

The “very unfair” 10-day notice period in the Municipal Act has led to the dismissal of an action against a municipality, leaving an injured plaintiff with no access to justice for her injuries. The notice provision requires that municipalities be provided with notice of a potential claim within 10 days of the injury and that absent a “reasonable excuse,” failure to give notice will be …

The Real Facts in McDonald’s Coffee Case Percolating Through Social Media

Social media and online news sources are providing trial lawyers and victims’ rights activists with new opportunities to ensure that the public is informed and not misled by tort “reform” and big business propaganda. The McDonald’s hot coffee case was actively lauded by tort “reformers” as an example of all that was wrong with the American civil justice system. The actual facts of the case were …

Most pedestrian fatalities are preventable: Staying safe this spring

Pedestrians Crossing, Bloor and Yonge by Gary J. Wood, licensed under CC Attribution – Share Alike 2.0 Generic. As we break free from the long, dark days of winter, many people are anxious to get outdoors, enjoy the weather and get active. Over the past weeks, the OTLA blog has reminded us to be safety conscious as we hit the streets on our motorcycles or …

Deny and delay even further: A new proposal by government to lower prejudgment interest rates

As anyone who has gone through the court system knows, the wheels of justice turn slowly. If there was ever such a thing as instant justice, prejudgement interest would not be necessary. However, the reality of our system is that justice often takes many years and the laws of Ontario provide interest from the date the cause of action arose to the date of the …