liability Tag Archives

Availability of Insurance in Fatal Accident Compensation Involving Reckless and Impaired Drivers

While the lockdown has seen a significant reduction in accidents, there has been an increase in the number of serious and catastrophic accidents caused by excessive speeding (including stunt driving) and, at times, driving while impaired. Incidents of stunt driving have increased dramatically since the pandemic, with the OPP often reporting on social media young drivers clocking speeds of 150 to 250 km/h on highways and roadways…

Parental Liability: When Can a Parent be Found Negligent for their Child’s Injuries?

When children get injured and bring a lawsuit, their parent can often be named as a defendant on the basis that the parent failed to properly supervise the child. The parent can be sued by the injured child directly, or named as a defendant in a counterclaim or third party claim…

Construction Zone Accidents

In Canada, spring weather inevitably brings construction season along with it. Road construction dominates the streets in the warmer months. For drivers, this can cause complications beyond annoyance. Thousands of motor vehicle accidents each year occur in construction zones.

Liability Waivers: Can You Still Sue?

Many companies require their patrons to sign a liability waiver before they can partake in the proffered activity. By signing a liability waiver, you are agreeing to give up your right to sue should you be injured during the activity. If you are injured during the activity, there are certain circumstances in which the courts have found waivers unenforceable…

Tuffnail v. Meekes 2020 ONCA 340

This recent Court of Appeal decision addresses issues related to underinsured automobile coverage, joint liability and subrogation under the OPCF 44R (Ontario Policy Change Form 44R — Family Protection Coverage endorsement).

Robertson v. Bouclair (2019)

The Defendant brought a Motion in this product liability case seeking to commence a Third-Party Claim against the manufacturer nearly two years after the Statement of Claim was issued.