fall Tag Archives

Zarebicki v. Wal-Mart Canada Corp., CV-14-0778-00

What happens if I’m hurt on public transit?

Point of view from someone 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

Man walks bicycle on sidewalk

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.

Labelle v. Canada (Border Services Agency), 2016 ONCA 187

This appeal to set aside the dismissal order was allowed on the basis that prejudice to the defence existed regardless of the Appellant’s delay. The factor of delay by itself is not sufficient to deny the Appellant’s request to reinstate the action.