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Published on: 18 Nov 2021 By

Notice periods – What you need to know if you have been injured as a result of snow and ice

It is that time of year again when freezing temperatures will create dangerous conditions on walkways and roadways. Ice and snow increase the risk of pedestrian slip and falls and motor vehicle collisions. Property owners and occupiers must adhere to their obligations under the Occupiers’ Li…

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Published on: 15 Oct 2021 By

Ontario Court releases merits decision in medical malpractice class action

After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success a…

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Published on: 27 Sep 2021 By

We don’t get paid unless you do – a guide to contingency fee agreements

High fees are often one of the first things that come to mind when hiring a lawyer. Most lawyers bill hundreds of dollars for every hour of work and pursuing a matter to the end of trial can take hundreds of hours, if not more. The cost of competent legal representation should not be a...

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Published on: 7 Sep 2021 By

Attendant care benefits and the trivialization of women’s work

Caregiving is often performed by women and is considered women’s work. It is also undervalued and unpaid. The way automobile insurers determine how care providers are (or are not) paid illustrates and perpetuates this problem. Attendant care benefits may be available to those who have sustai…

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Published on: 23 Mar 2021 By

Vicarious liability of school boards for sexual assault by teachers

“Vicarious liability” is a legal concept which can cause employers to be held accountable for the negligent and, in some cases, intentional misconduct of their employees. The possibility of a finding of vicarious liability is intended to act as a deterrent to ensure employers put systems in …

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Published on: 2 Mar 2021 By

Change in the Occupiers’ Liability Act: Claims to recover damages from incidents related to snow or ice require 60-day written notice

The year 2020 brought many changes. This blog post discusses another change from 2020 that came to stay: the Ontario Occupiers’ Liability Act (“OLA”) now requires 60-day written notice for incidents involving snow or ice. On December 8, 2020, Bill 118 received Royal Assent and came into forc…

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Published on: 18 Jan 2021 By

Naturopathy, medical cannabis, and other ‘novel’ treatments are acceptable within the Ontario Statutory Accident Benefits Schedule

Being injured in a motor vehicle collision is already a challenge. Those who seek support from naturopaths, medical cannabis, or other ‘novel’ treatments to aid in their recovery may feel added stress as to whether the treatment they seek will be approved, and paid for, within the scheme of …

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Published on: 13 Jan 2021 By

Rental car companies are liable for the renter’s negligence, even where the renter used a fake name, paid cash, and let someone else crash the car

Mamo v. Morgan, 2020 ONSC 7829 Is a rental car company responsible for the harm its renter causes in a car accident with the rented car? Yes. What if the renter used a stolen identity to rent the car and paid in cash? Yes. What if the renter did all that and then let their...

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Published on: 12 Jan 2021 By

Fallen on someone else’s property and injured? You now have 60 days to let them know, if you might later need to sue.

On December 8, 2020, how people start lawsuits over falling on private property changed dramatically in Ontario.* In a nutshell, if you fall on someone else’s property and are injured, you have 60 days from the date you fell to write to that other person or business and tell them that you in…

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