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 …
New Laws Passed to Improve Road Safety for Pedestrians
2015 saw 38 pedestrians struck and killed on Toronto streets – the most annual fatalities of this kind in the past five years. The most vulnerable pedestrians – young children and the elderly – account for the majority of these deaths, with over 60% being seniors. According to the Chief Coroner’s Report on Pedestrian Deaths in Ontario, children and seniors are the most vulnerable pedestrians for …
Government needs to turn its attention to plight of victims
Today, OTLA called on the Ontario Government to establish a commission to conduct a public inquiry to examine the current state of independent medical assessments of injured auto accident victims. After years of changes designed to placate the insurance industry, the government needs to turn its attention to the plight of victims. The appointment today of a new auto insurance advisor – David Marshall – presents the opportunity to …
Injured at work: How the employee-employer relationship affects the right to sue
If you are injured while working, determining whether you are a worker or an independent operator is a critical question that could decide your right to sue for damages. Although a third party can still be sued, the Workplace Safety and Insurance Act, 1997 (WSIA) denies a worker’s right to sue their employer(s) if that worker is in the course of their employment when injured. …
Proposed Aviva Insurance Policy a Boon for Uber Drivers Without Commercial Coverage
Billed as an evolution to modern transportation, Uber has inspired global debate about whether the company’s ridesharing application cuts corners on regulatory rules, and what effect this has on the taxi industry and public at large. A proposed policy by Aviva Canada seeks to respond to the company’s uncertain insurance coverage for ridesharing drivers and their passengers. A major problem with using Uber is the …
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 …
