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What you should know about personal injury law in Ontario

  Why hiring a personal injury lawyer in Ontario is important? Personal injury lawyers in Ottawa  help you protect your rights by making a claim in a timely manner and helping you manoeuvre the difficult legal process. Your lawyer has the understanding of the law in Ontario and how it applies to your situation to maximize your compensation. Working with a lawyer can help you accurately value your claim by including both economic and non-economic damages. Will I have to prove my pain and suffering for my personal injury claim? To receive compensation for pain and suffering, you will have to prove that you have experienced pain and suffering. A personal injury lawyer in Ontario can work with medical experts and use your documentation to show debilitating physical impairments, emotional distress, and a disruption to your life. It’s important to share your complete medical records with your Ottawa lawyer and to be honest about your difficulties. What can I expect from a personal i...

What is my Personal Injury Claim Worth?

  If you are   injured in an accident   and are looking for compensation, you may be wondering how much your claim is worth? This is a natural question to ask. But first, it’s important to know whether you have a case. The amount of compensation (called damages in law) depends on how the injuries have impacted your life and what you can prove with evidence. It is very difficult for a  personal injury lawyer  to give you an accurate estimate of your damages right at the start of your case because factors change over time and little is known about your case at the beginning. For instance, you may fully recover, partially recover, or never recover at all. Your income losses may be temporary, long-term, or permanent. Your injuries may at first appear minor but develop into lifelong struggles. It will take some time for your injury lawyer to be able to give you a reasonable range of what your case is worth. Once more is known about your injuries (from you and your me...

Steps Involved in Settling Injury Cases for Minors

  On an application or motion to approve a settlement involving a minor (child under the age of 18): the litigation guardian must file an affidavit setting out the material facts, and the reasons why they approve the proposed settlement, an affidavit of the lawyer acting for the minor through the litigation guardian setting out why the settlement is fair and reasonable, if the child is 16 years or older, that child must provide a consent to the settlement and draft order. The litigation guardian must also provide a copy of the Minutes of Settlement. If the Justice is satisfied the settlement is fair, they will sign an Order to that effect and the settlement monies for the minor are paid into Court (to the accountant of the Superior Court of Justice). Sometimes a Justice may refuse to sign the proposed Order either because they do not have enough information, or they believe the settlement is not fair. In that case, the litigation guardian must negotiate a better settlement or provi...

Injured Because of Defective Steps?

  Have you been injured because of defective steps? You can commence a court action, or what is called a lawsuit by Americans. Your personal injury lawyer will draft what is called a statement of claim which sets out the material facts about your incident, how much compensation you are seeking and what law and facts you rely on in support of your claim. Consider A Court Action if You’ve Been Injured Because of Defective Steps The person or party you are suing will have 20 days from the date they are personally served with a copy of your statement of claim to file what is called a statement of defence. In that defence, they will specify why they do not believe they are responsible for the fall incident. In Ontario, if you allege someone was negligent because of defective property like defective stairs, you have two years from the date you fell to formally commence a court action. If you wait beyond this period, you likely will forever lose your right to sue and seek compensation. Wh...

Rules for Local Boating or Watercraft Accidents in Ontario

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Boating accidents can cause serious injury and result in permanent disability. At   Quinn Thiele Mineault Grodzki LLP , Ottawa Injury Lawyers, we have handled cases with horrifying injuries caused by boating accidents and have obtained compensation for injury victims and their families.  In many cases boating accidents are caused by someone else’s negligence: inattention, speeding, drunk boating, drugs and boating, texting, inexperience, reckless behaviour, equipment defects and careless driving. Proving negligence can be difficult in boating accidents and often experts are needed to provide opinions on the negligence of boat drivers and owners. Injury cases involving boats are very complicated because often evidence is based on witnesses and physical evidence. Physical evidence can disappear, and memories of witnesses fade over time. Both the driver of the boat and owner of the boat can be held liable for injuries sustained in a  boating accident . , due to the nature of...

Privacy Rights in Ontario – Can I Sue for Breach of Privacy?

  Ontario does not have any privacy legislation that is applicable to the private sector. However, the federal Personal Information Protection and Electronic Documents Act (PIPEDA) applies to private sector organizations that are not federally regulated, as well as federally-regulated organizations, in respect of personal information that the organization collects, uses or discloses in the course of commercial activities. “Personal information” is defined as information about an identifiable individual. Ontario has not codified a statutory tort of invasion of privacy as has been done in some other provinces (see Jones v. Tsige, 2012 ONCA 32 (CanLII), paras. 51-53). Also, there isn’t a broad common law tort of “invasion of privacy” in Canada. Instead, the concept is divided into four separate torts, most of which have only been recently recognized by the Ontario courts. In Jones v. Tsige, the first decision to recognize the tort of intrusion upon seclusion, the Court of Appeal expla...

Can I Be Sued if Someone Falls on My Rented Property?

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  “Can a tenant can be held liable to someone who falls and was injured on their rented property?” This was the central issue in a recent Superior Court of Justice decision of Mohebbi v. Yassobi et al., 2021 ONSC 2395 (CanLII). In this case, the tenant’s friend slipped and fell on the ice while visiting his home, which was a rented property. The landlord argued that the tenant was entirely responsible for the maintenance and snow removal on the premises. The tenant argued that according to the provisions of the Residential Tenancies Act, landlords are responsible for maintenance of the property they own, and that this responsibility cannot be transferred to the tenant as it is prohibited under the Residential Tenancies Act. The landlord argued that section 33 of the Residential Tenancy Act applied. That section provides as follows “The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to cle...