This action arose from a serious back injury suffered by the Plaintiff, George MacPherson, on May 15, 2012, when he fell off the roof of the home of one of the Defendants, Sylvia Marie-Louise Samuel.
fall Tag Archives
Slipping, Falling, Tripping…. Was I in a Car Accident?
It’s that time of year again. The landscape looks so pretty – marshmallow-covered roads, glistening sidewalks, diamond-crusted fir trees, right? The reality is quite different. As personal injury lawyers, at this time of year we are inundated with calls by injured people who have sustained fractures, sprains, concussions and other injuries due to weather-related incidents.
Zarebicki v. Wal-Mart Canada Corp., CV-14-0778-00
Summary Judgment not granted where the inconsistencies of several witnesses and conflicting material evidence required an evaluation of credibility.
What happens if I’m hurt on public transit?
Accidents involving public transportation vehicles pose unique legal challenges, often leaving injured individuals unsure of their options. It is important to speak to an experienced personal injury lawyer as soon as possible after an incident to discuss these options. Ontario laws governing the recovery of benefits or compensation for injuries sustained on public transit depend on several factors, including: the owner(s) of the vehicle(s), who …
Injured Victims Risk Recovery of Municipal Damages
Municipalities enjoy legal protections that other parties do not. Take the 10-day notice period as a prime example.
The Municipal Act, 2001 states that no legal action shall be brought for the recovery of damages unless the municipality is notified of the claim and injury within 10 days of its occurrence. When municipal property is in a state of disrepair or covered in ice and snow, with no reasonable attempts at maintenance, resulting injuries warrant recovery of damages from the responsible municipality.
The injured person has only 10 days to let the municipality know that they were injured on city property, or risk being unable to recover damages.
Kania v 1618278 Ontario Inc (c.o.b. Heart and Crown Irish Pubs), 2015 ONSC 7042
This recent decision is a reminder of the affirmative duty that occupiers owe to take reasonable care to ensure that people are safe while attending on their premises.