Public nuisance is unique and is a separate category in Tort from negligence. When considering public nuisance, the courts begin their inquiries based on the harm suffered and not on the property owner’s conduct. Therefore, the ‘reasonable steps’ to keep a premises safe are not relevant to a claim of a public nuisance.
Personal Injury Category Archives
A Deductible on Pain and Suffering Damages
Recently this Blog focused on one of the cruelest laws – the woeful compensation scheme for the death of a loved one. But the law that may be most frequently used to punish innocent accident victims in Ontario to the benefit of bad drivers and their insurers is the “statutory deductible” for general damages awards.
The “No Crash, No Cash” Rule on Public Transit Vehicles
Since May 10, 2011, Ontario riders on public transit vehicles who sustain injuries can no longer pursue accident benefits if the public transit vehicle they were riding in “did not collide with another automobile or any other object in the incident” as stipulated by section 268(1.1) of the Insurance Act R.S.O. 1990, c. I.8.
Rowan’s Law: Precedent Setting for Concussion Awareness
September 25th was Rowan’s Law Day, a day dedicated to concussion awareness. This follows the enactment of Rowan’s Law, an instrumental law created to protect youth and those involved in amateur sports from concussions and head injuries.
The Perils of Long-Term Disability Insurance – Know Your Coverage
Long-term disability insurance provides security. When disability strikes, and you cannot continue working, disability benefits can help ensure mortgage payments are made and food gets on the table. But every policy is different and can be fraught with land mines and unfortunate surprises.
What is a Functional Capacity Evaluation?
If you have been injured in a car accident and your accident benefits (auto) insurer has been paying you an Income Replacement Benefit (“IRB”) because you cannot work, the insurer may, from time to time, assess your entitlement to continued IRBs. This includes sending you to one or more assessments conducted by a health professional. One of the assessments that insurers like to do is called a Functional Capacity Evaluation (“FCE”).
