What is Mitigation of Damages? When you advance a claim for personal injuries, you request monetary compensation for the injuries that you suffered. The defendant in such a matter wants to make sure that he is only responsible for the injuries caused, and not for more extensive damages that could have been avoided. For example, [...]
Injured in an Ottawa accident and need to claim damages including past and future care costs? When you have a personal injury claim, you ask for an amount of money to compensate for the injuries that you sustained because of your accident. This amount of money is otherwise referred to as “damages.” It is the [...]
The application of contributory negligence when injured person was not wearing seatbelt In a prior blog, we discussed the legal concept of contributory negligence. Contributory negligence is used as a way to reduce compensation for injuries when it is determined that the plaintiff’s actions partially caused his or her injuries. The concept of contributory negligence [...]
Powers of Attorney Motor vehicle accidents often have devastating impacts on their victims, and it is impossible to predict their outcome. Some people get almost back to normal following their accident, whereas some live with debilitating serious personal injuries for the rest of their lives. Even with the best of medical and rehabilitation services, sometimes [...]
Right of way and motor vehicle accidents Imagine this scenario: a pedestrian is in the process of crossing a major road at the intersection. The signal changes before the pedestrian reaches the other side of the road. The light turns green for the cars waiting at the intersection. Should the cars wait until the pedestrian [...]
Can family members claim compensation as a result of injuries sustained by their loved ones? Our lawyers regularly meet with clients who have sustained serious injuries because of a motor vehicle accident. In many cases, the injured person’s spouse and/or children provided significant care to their loved on and became essentially their caregivers. After a [...]
Multiple vehicle (car) pile-ups and the Fault Determination Rules Car accidents are high-impact, high-emotion and high-stakes cases. There are several types of collisions and, at times, multiple vehicles collide causing serious injuries to drivers, passengers and pedestrians. How do the insurance companies determine who is at fault for an accident and, consequently, who is liable [...]
Water Parks: liability for a quasi-criminal regulatory offense does not automatically mean liability in Tort Water parks are an inherently fun place but also is a place where the activities contain risk of injury. Some water parks can be found both liable in tort for injuries sustained by users and found guilty of safety violations [...]
Representation by Counsel Our justice system including the Ontario courts want to ensure accessibility of the legal system to the public. One of the ways this goal is achieved is by relaxing the need for representation by legal counsel to only a few important situations. If you cannot afford a lawyer, then you are [...]
Communicating in Court Our court system is based on common law traditions. Therefore, some of our court intricacies are due to how things have been done historically. Other systems or procedures are due to concerns on efficiency and fairness and justice of the proceedings. Below you will find a general guide to consider when [...]