Title |
Summary |
Date Published |
City may be liable for Cyclist’s Injuries despite delay in Notifying City of Claim |
A man injured in a cycling collision sued both the at fault driver and the City of Barrie because malfunctioning lights at the scene of the accident made it difficult to see him. The City motioned to have the claim against them dismissed because notification of the claim wasn’t given within 10 days, as required by law. The motions judge ruled that the injured man had a reasonable excuse for the late notification because police didn’t release their accident report describing the poor lighting conditions until almost one year after the accident. |
Dec 03, 2020 |
How Ontario’s Bill 218 impacts Covid-19 Lawsuits |
When it takes effect, Bill 218 will protect front-line workers, businesses and others from liability if their actions may have caused someone to be infected by COVID-19, unless the at fault party was guilty of gross negligence. |
Nov 05, 2020 |
How to avoid Tobogganing Injuries |
Tobogganing is one of the more dangerous non-motorized winter activities, but you can significantly reduce the risk of injury by following safe practices. |
Feb 19, 2019 |
Medical Experts play a key Role in a Personal Injury Trial but can there be too many Experts? |
In a civil trial involving a man injured in a train derailment, the defendants sought a motion to limit the number of medical expert witnesses for the plaintiff, after the trial had already consumed about 10 weeks and 8-10 more weeks were anticipated, largely due to the large number of medical experts for the plaintiff. |
Feb 05, 2018 |
Cyclist sustains Brain Injury and is awarded Damages against Municipality |
An Ontario judge found the defendant municipality 100% negligent in a biking accident, by failing to mark a bollard housing on a trail, which caused a cyclist to fall and sustain a serious head injury. |
Dec 11, 2017 |
Construction Company added as Defendant in Cycling Accident Claim against City of Ottawa |
A woman sustained a brain injury in a biking accident on an Ottawa street and claimed damages against the City of Ottawa and MTO. She later discovered that a contractor was responsible for work on the road where the accident occurred, and a judge allowed her motion to add the construction company as a defendant in her claim. |
Aug 23, 2017 |
Ontario Municipalities must meet Minimum Standards for Ice and Snow Removal |
In the interest of road safety, Ontario’s Municipal Act sets out minimum standards for winter road maintenance, which municipalities are obligated to meet. If a motor vehicle accident occurs in snowy or slippery conditions and the municipality failed to meet its standards, the municipality may be found liable for the accident. |
Jan 20, 2017 |
Making an Injury Claim for Single Car Accident Compensation |
If you were injured in a single car collision, there may be several options available to you for obtaining injury compensation, both as a vehicle driver and passenger. |
Jan 04, 2017 |
A Finding of Municipal Liability when Man injured by falling Post |
If someone suffers injury on municipal property because the municipality failed to take due care and allowed an unsafe condition, then the municipality may be found negligent. Among the most common circumstances resulting in injury are: slip and fall accidents on broken or improperly maintained walkways, and car accidents caused by an unsafe road condition. |
Dec 26, 2016 |
City of Sudbury found liable in Slip and Fall Accident |
A woman slipped and fell on a public parking lot that had not been cleared of ice and snow. The Court found the Municipality liable for her injuries, and did not accept the City’s defense that the particular parking lot was not maintained in winter because it belonged to a little used area of a public park. |
Dec 13, 2016 |
Claiming Injuries from a Public Transit or Bus Accident. |
As a victim of a public transit or bus accident, whether as a passenger, pedestrian or cyclist, you may be entitled to make a personal injury claim for your losses. |
Nov 17, 2016 |
The Hazards of Highway Construction Zones |
Accidents around highway construction zones sometimes result from careless drivers, but can also be caused by negligent design of the construction project, on the part of a municipality or construction company.
|
Aug 11, 2016 |
Did unsafe Condition cause Trail Biking Accident? |
Owners or managers of recreational facilities, such as biking and hiking trails, can be held liable for injuries that result from a hazard or unsafe condition at the facility or park. |
Aug 09, 2016 |
Cycling Accidents caused by Driver/Cyclist Error or Unsafe Conditions |
Most cycling accidents occur 'on-road' and are often caused by careless or negligent driver actions. The increasing popularity of off-road cycling means that the risk and number of these cycling accidents is also increasing, and sometimes unsafe conditions on private or public properties is the cause. |
May 15, 2016 |
'Tis the Season for Slips on Icy Pavement |
Pedestrians need to take extra care while walking during winter conditions. In the event you suffer serious injury from a slip and fall on an icy surface, you may be eligible for compensation for your losses |
Feb 02, 2016 |