Ontario personal injury lawyers are well-versed in the role of a “litigation expert”, however there exists another type of expert in Ontario: the “participant expert” previously known as the “fact witness”…
Case Law Category Archives
Occupiers Liability for COVID-19 Exposure: A Difficult Claim to Make
September 2021 marks the 1.5-year mark since the start of the COVID-19 Pandemic. The impact that COVID-19 has had around the world has been nothing short of unprecedented. The world has pivoted in ways we never imagined possible in such a short time…
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…
Parental Liability: When Can a Parent be Found Negligent for their Child’s Injuries?
When children get injured and bring a lawsuit, their parent can often be named as a defendant on the basis that the parent failed to properly supervise the child. The parent can be sued by the injured child directly, or named as a defendant in a counterclaim or third party claim…
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