ontario Tag Archives

Expansion of the Duties Owed to Rescuers

What can be reasonably foreseeable in rescue situations? In Maguire v. Padt, Suzanne Padt was found to be negligent when she drove into a ditch while driving in winter whiteout road conditions. Two other drivers and a police officer stopped to assist Ms. Padt and her daughter out of the ditch and were successful in getting them into the police car safely. Amidst the investigation …

The War on Toboggans is Not Due to Lawsuits or the Courts

Are municipalities getting nailed with lawsuits for kids and families tobogganing on city property? Absolutely not! Are they held responsible when they know someone will get hurt, but do nothing about it? Sometimes, but it is extremely rare. If there is a war by municipalities against tobogganing, don’t blame lawsuits. Believe it or not, tobogganing cases going to court against a city or town are …

Be Uber Aware!

Uber is once again making the news due to concerns about proper insurance coverage – both for Uber operators AND Uber passengers. New facts uncovered by BuzzFeed focus on a California investigation, but may cause Ontario Uber users to question the company’s commitment to ensuring both its operators and passengers are adequately covered by insurance. In an effort to keep costs down, many Uber operators …

Consent to Medical Treatment is Not a Waiver of Rights

With the holidays behind us, and all the full potential of the New Year before us, thoughts sometimes turn to our health. Now is the time to dust off the treadmill, avoid the sugary treats and maybe even see the doctor for a checkup. If there are any concerns, the doctor will likely recommend some form of treatment. Treatment can be as simple as a …

Accessing Justice Through Legal Expense Insurance: A New Perspective for the Injured Claimant

Access to justice plays a vital role in maintaining the rule of law and ensuring fairness and equality within our civil justice system. In a perfect world, justice could be done without regard to the high costs of litigation. Regrettably, we live in a world that is far from perfect and litigants must be mindful of the high costs and risks of litigation. Despite the …

Holiday Safety Part Two: Occupier’s Liability

Last week on the OTLA blog, we posted about how to keep your home safe for holiday visitors. This week, we’ll take a more in-depth look not only at the obligations that apply to homeowners, but also those which extend to commercial property owners. The obligations of a property owner are outlined in the Occupiers Liability Act (“the Act”). An “occupier” is defined as “a person in physical …