1.0 Overview The duty of care owed by a municipality to persons using recreational trails is set out in section 4 of the Occupiers’ Liability Act. This section provides a lesser duty of care than section 3(1) of the Act, which requires that occupiers take steps to see that persons entering on the premises are [...]
To succeed in an occupier’s liability claim, a plaintiff must be able to point to some act or failure to act on the part of the occupier that caused the plaintiff’s injury. An occupier need not remove every possible danger – the standard of care is one of reasonableness and not perfection.
In The Road Not Taken, Robert Frost describes how taking the lesser-travelled of two roads that diverged in a yellow wood “made all the difference”. The recent Superior Court decision of Matthew Pierce and Robert Pierce v. City of Hamilton, 2013 ONSC 6485, gives Frost’s iconic words added meaning and prescience in municipal liability cases [...]
The B. C. Court of Appeal has affirmed a trial court’s decision that releases signed by plaintiffs injured on a zip-line tour were enforceable and provided a complete defence to the plaintiffs’ claims. Although decided in British Columbia, Loychuk v. Cougar Mountain Adventures Ltd.¹ provides appellate level support for Ontario lower court cases² which have [...]
Maria Papapetrou v. 1054422 Ontario Limited, The Cora Group Inc. and Collingwood Landscape Inc.¹ We have all come across a situation where pursuant to a contract for services, A was to name B as an additional insured under its insurance policy but failed to do so. Naturally, B would then demand that A’s insurer assume [...]
It was a cold, grey and dreary day in the middle of an endless Toronto winter. The plaintiff, Wally (not his real name), parked his taxi cab in a parking spot on Bloor Street. He had to see his travel agent to pick up tickets for his warm-weather vacation. As he was walking past a [...]
Many of the claims referred to our law firm concern chronic pain claims. The medical experts tell us that while most people who sustain soft tissue injury heal uneventfully, some people do not. Somewhere between 10 to 15 percent of persons who sustain soft tissue injuries continue to experience pain long after the original injury [...]