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 …

Public Safety: City of Toronto to Review Dog Ownership Laws

Canine companionship can be very rewarding. Most people understand, and gladly accept, the commitment and responsibility that come along with owning a dog. This includes the legal obligations that have been previously discussed on the OTLA blog. To recap, the Dog Owners’ Liability Act (the “Act”) imposes strict liability on owners for the actions of their dogs. This means that if the dog is found …

Social Media, Privacy, and High-tech Fishing Expeditions: Digital Evidence in the 21st Century

In today’s high tech world, the ubiquity of social media, wearable technology and the digitization of everything we touch, see and do leaves behind a trail of digital fingerprints. As such, it’s no surprise that starting a personal injury lawsuit in the digital age often comes with many challenges; one of which is the potential production of “private” social media details to insurance companies. Information found …

Next Halloween, Beware Headless Horsemen, Driverless Cars Roaming Streets

By next Halloween, not only will we see Headless Horsemen roaming the streets but we may also see driverless cars alongside them! Before a call is made to Dr. Egon Spengler and the rest of the Ghostbusters; no – they aren’t ghost cars – they are autonomous vehicles and Ontario is set to become the first jurisdiction in Canada to begin testing them on our …

Profits Soar for Ontario Auto Insurance Companies

Last week, an updated study from York University School of Business Professors Fred Lazar and Eli Prisman was released that reveals consumers likely overpaid $1.5 billion in the last two years for auto insurance. This includes overpayments of $700 million (or about $100 for each insurance policy) in 2014 on top of the $840 million ($120 per policy) in 2013. This study is further proof …

Attendant Care Moves into the Digital Age

In recent years, the Ontario legislature has slowly eroded accident victims’ access to Attendant Care benefits available under the Statutory Accident Benefits Schedule (SABS). Since 2010, an accident victim must either hire a professional caregiver or prove that his/her attendant has incurred an economic loss – such as lost income – while providing attendant care. Both requirements are fraught with complications. When attendant care in …