Case Law Category Archives

Suing a Municipality: What if I Didn’t Give Notice Within 10 days?

Section 44(10) of the Municipality Act mandates that for incidents that occur on municipal sidewalks or roadways, an injured party must provide notification of the incident to the municipality within ten business days, failing which they are disentitled from suing the municipality for their injuries. However, there is an exception to the 10-day notice period…

What is a Housekeeping and Home Maintenance Claim in Personal Injury?

Persons who suffer serious personal injuries often have difficulty returning to the normal life they led before the accident. A lawyer who is a member of OTLA can help recover money for a range of changes or ‘damages’ due to an injury. These can include ongoing pain and suffering, changes in ability to work, the need for medical treatments and changes in ability to complete tasks at home. This article will focus on the tasks at home…

Section 33 of the Schedule: When is the Production Request “Reasonably Required”

The “duty of an applicant to provide information” section of the Schedule (Section 33(1)1) is a highly effective tool utilized by insurance companies to both adjust their claims and to challenge an insured. An insured runs the risk of a suspension of their benefits if they fail to properly respond in a timely manner to a reasonable request for document