Personal Injury Category Archives

Terror victims find redress in Canadian Courts

The threat of terror is a global travesty that seems to respect no geographic boundaries. It is incumbent on Canada and other countries to work together to deter the sponsorship of terrorism and to obtain civil justice against those entities that support and enable its proliferation. What is the Justice For Victims of Terrorism Act? On March 13, 2012, the Canadian Government enacted the Justice For …

Diagnosis Denied: “Systemic Disregard” for Medical Assessments of Injured Workers

In November 2015, the Ontario Federation of Labour (“OFL”) and the Ontario Network of Injured Workers’ Groups released Prescription Over-Ruled, a report criticising how the Workplace Safety and Insurance Board (“WSIB”) evaluates medical evidence when it processes claims. The OFL is Canada’s largest provincial labour federation and represents roughly one million workers. Their report alleges that the WSIB ignores medical evidence and opinions when it …

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.

Beware Little-Known Limitation Periods in the National Defence Act

At any given time across this country, there are thousands of high school students in Ontario enrolled in various Army and Sea Cadet programs, not to mention army and navy personnel operating jeeps, humvees and heavy trucks on provincial roads. In connection with Army and Sea Cadet programs, these kids participate in potentially hazardous activities and injuries do occur from time to time. Motor vehicle accidents (MVAs) involving …

Injured and Still Working? You Still Deserve Compensation

A wheelchair next to a row of plastic chairs

When a serious injury occurs, it can have a major impact on the career path and potential earnings of the victim, but it is often difficult to predict the exact value of this loss. This valuation is even harder when considering the ongoing trend towards self-employed contract work and nontraditional employee/employer relationships. Sometimes, an injured person may earn the same or more than they did before their injury …

Waivers, Legal Consequences and Recreational Sports

snowboarder on the slopes with waiver superimposed

As we enter the final stretch of the winter season, many of us will take to the ski slopes, ice rinks or other recreational venues to enjoy what’s left of it. While having a great time is always the number one goal, it is important to be aware of some of the assumed legal risks involved. The recent decision of Levita v Alan Crew et …