What is Public Nuisance?

Public nuisance is unique and is a separate category in Tort from negligence. When considering public nuisance, the courts begin their inquiries based on the harm suffered and not on the property owner’s conduct. Therefore, the ‘reasonable steps’ to keep a premises safe are not relevant to a claim of a public nuisance.

A Deductible on Pain and Suffering Damages

Recently this Blog focused on one of the cruelest laws – the woeful compensation scheme for the death of a loved one. But the law that may be most frequently used to punish innocent accident victims in Ontario to the benefit of bad drivers and their insurers is the “statutory deductible” for general damages awards.

The Cruelest Personal Injury Law

There are a lot of cruel personal injury laws: caps on pain and suffering, secret deductibles, biased doctors, the list goes on. But, there is one that is the worst of them all: The cap on damages for the loss of family members.

The “No Crash, No Cash” Rule on Public Transit Vehicles

Since May 10, 2011, Ontario riders on public transit vehicles who sustain injuries can no longer pursue accident benefits if the public transit vehicle they were riding in “did not collide with another automobile or any other object in the incident” as stipulated by section 268(1.1) of the Insurance Act R.S.O. 1990, c. I.8.

Rowan’s Law: Precedent Setting for Concussion Awareness

September 25th was Rowan’s Law Day, a day dedicated to concussion awareness. This follows the enactment of Rowan’s Law, an instrumental law created to protect youth and those involved in amateur sports from concussions and head injuries.

The Perils of Long-Term Disability Insurance – Know Your Coverage

Long-term disability insurance provides security. When disability strikes, and you cannot continue working, disability benefits can help ensure mortgage payments are made and food gets on the table. But every policy is different and can be fraught with land mines and unfortunate surprises.