The “very unfair” 10-day notice period in the Municipal Act has led to the dismissal of an action against a municipality, leaving an injured plaintiff with no access to justice for her injuries. The notice provision requires that municipalities be provided with notice of a potential claim within 10 days of the injury and that absent a “reasonable excuse,” failure to give notice will be …
Social media and online news sources are providing trial lawyers and victims’ rights activists with new opportunities to ensure that the public is informed and not misled by tort “reform” and big business propaganda. The McDonald’s hot coffee case was actively lauded by tort “reformers” as an example of all that was wrong with the American civil justice system. The actual facts of the case were …
Pedestrians Crossing, Bloor and Yonge by Gary J. Wood, licensed under CC Attribution – Share Alike 2.0 Generic. As we break free from the long, dark days of winter, many people are anxious to get outdoors, enjoy the weather and get active. Over the past weeks, the OTLA blog has reminded us to be safety conscious as we hit the streets on our motorcycles or …
As anyone who has gone through the court system knows, the wheels of justice turn slowly. If there was ever such a thing as instant justice, prejudgement interest would not be necessary. However, the reality of our system is that justice often takes many years and the laws of Ontario provide interest from the date the cause of action arose to the date of the …
Willie Handler is a familiar name to anyone working with auto insurance regulations. He has left the public sector, joined the private sector as a consultant and he now maintains a blog called Ontario Auto Insurance Topics. He recently posted an article titled HCAI Data Confirms Ontario’s Minor Injury Guideline is Holding Up in response to the Insurance Bureau of Canada (IBC) Health Claims Database …
While Childs v. Desormeaux, 2006 SCC 18 closed the door on a specific fact pattern of social host liability, there are a myriad of other scenarios which could attract legal liability to a party host. When you invite guests into your home this season, let them leave with happy memories and without a reason to name you in a Statement of Claim. Aside from any …
