Consent to Medical Treatment is Not a Waiver of Rights

With the holidays behind us, and all the full potential of the New Year before us, thoughts sometimes turn to our health. Now is the time to dust off the treadmill, avoid the sugary treats and maybe even see the doctor for a checkup. If there are any concerns, the doctor will likely recommend some form of treatment. Treatment can be as simple as a …

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 …

Is Your Home Safe for Holiday Visitors?

As we flip the calendar to December, we begin to welcome friends and families to share holiday joy in our homes.  Some of us may even be making plans to welcome a certain jolly old elf in a bright red suit.  But how do we know our driveways, and walkways (and chimneys!) are safe for our visitors when they enter our home? Driveways – to …

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 …

ATVs, accident benefits and lawsuits: Timing is everything!

The use of off-road recreational vehicles such as ATVs for fun and recreation has increased dramatically over the years.  It is also not unusual to see such vehicles on public roadways, and for these vehicles to be driven by young people including minors.   Over the years, recreational culture has given rise to an increasing number of rollovers, crashes, and alcohol-related incidents involving ATVs and other …