How many times have we heard that utterance? An accident happens, someone gets injured or dies, and during legal proceedings the injured person points blame at the “tortfeasor” (the person who caused the accident). But the presence of an injury does not necessarily mean that the tortfeasor was negligent. Yes, oftentimes, accidents are just accidents, if they could have been avoided by ordinary caution by …
Impaired Driving Over the Holidays
This is a topic that we unfortunately have to revisit every year. With the holiday season right around the corner, many of us will be going to parties and holiday gatherings. These events often involve drinking and now that it is officially legalized, recreational marijuana will be an added concern. While the vast majority of people do not drive while impaired, there are always going …
Social Media and Facebook, A Dangerous Mix
The trend in the more recent cases are for more disclosure of personal and private social media accounts. Master Short acknowledges that there is flux in the law right now regarding disclosure of social media pages.
What is Public Nuisance?
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.
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 Cruelest Personal Injury Law
There are a lot of cruel personal injury laws: caps on pain and suffering, secret deductibles, biased doctors, the list goes on. But, there is one that is the worst of them all: The cap on damages for the loss of family members.