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. …
Billed as an evolution to modern transportation, Uber has inspired global debate about whether the company’s ridesharing application cuts corners on regulatory rules, and what effect this has on the taxi industry and public at large. A proposed policy by Aviva Canada seeks to respond to the company’s uncertain insurance coverage for ridesharing drivers and their passengers. A major problem with using Uber is the …
It’s the most wonderful time of the year! Picture this: a holiday get-together at a friend’s house. The tree sparkles, beautifully wrapped gifts lay artfully strewn below. The food is delicious, the drinks plentiful, the laughter infectious. Sometime after midnight, an impaired guest drives away and gets into an accident resulting, unfortunately, in catastrophic injuries. When the holidays approach, lawyers often think of three words: social …
Winter tires are an important part of safe winter driving. The tire rubber is more flexible and contacts cold, icy roads in a way that all season and summer tires simply can’t. Shorter stopping distances and greater vehicle control translate to a lower risk of collision and, accordingly, decreased chance of an insurance claim. In April’s provincial budget, the Ontario government promised to make insurance …
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 …
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 …
