Social Host Liability: How to Avoid the Naughty List and Ensure Guests Arrive Alive

It’s the most wonderful time of the year! Picture this: a holiday get-together at a friend’s house. The tree sparkles, beautifully wrapped gifts lay artfully strewn below. The food is delicious, the drinks plentiful, the laughter infectious. Sometime after midnight, an impaired guest drives away and gets into an accident resulting, unfortunately, in catastrophic injuries. When the holidays approach, lawyers often think of three words: social …

Tis the Season for Winter Tires and Ontario Insurers are playing Scrooge with the Discounts

Winter tires are an important part of safe winter driving. The tire rubber is more flexible and contacts cold, icy roads in a way that all season and summer tires simply can’t. Shorter stopping distances and greater vehicle control translate to a lower risk of collision and, accordingly, decreased chance of an insurance claim. In April’s provincial budget, the Ontario government promised to make insurance …

What’s a Litigation Guardian?

Lawyers present legal options to their clients, make recommendations, and receive instructions on how to proceed. The foundational principle is that the client remains in control of their proceeding. However, when a client is incapable of providing instructions, and therefore incapable of controlling their proceeding, another party must become involved, and that party is the Litigation Guardian. The Law A person unable to instruct counsel …

Public Safety: City of Toronto to Review Dog Ownership Laws

Canine companionship can be very rewarding. Most people understand, and gladly accept, the commitment and responsibility that come along with owning a dog. This includes the legal obligations that have been previously discussed on the OTLA blog. To recap, the Dog Owners’ Liability Act (the “Act”) imposes strict liability on owners for the actions of their dogs. This means that if the dog is found …

Social Media, Privacy, and High-tech Fishing Expeditions: Digital Evidence in the 21st Century

In today’s high tech world, the ubiquity of social media, wearable technology and the digitization of everything we touch, see and do leaves behind a trail of digital fingerprints. As such, it’s no surprise that starting a personal injury lawsuit in the digital age often comes with many challenges; one of which is the potential production of “private” social media details to insurance companies. Information found …

Next Halloween, Beware Headless Horsemen, Driverless Cars Roaming Streets

By next Halloween, not only will we see Headless Horsemen roaming the streets but we may also see driverless cars alongside them! Before a call is made to Dr. Egon Spengler and the rest of the Ghostbusters; no – they aren’t ghost cars – they are autonomous vehicles and Ontario is set to become the first jurisdiction in Canada to begin testing them on our …