By MARK COOMBS, Student at Law Ever jaywalk across the street, even when there is heavy traffic? We all do it here in Toronto. Whether we’re late for work, running to meet a friend for lunch or rushing to meet another commitment, life in the city is fast paced, and we want to get where [...]
By MARK COOMBS, Student at Law Be careful who you trust with your car keys. The older approach taken by the Court of Appeal in Newman and Newman v. Terdik,  O.R. 1 (C.A.) gave owners a break by not making them vicariously liable where an operator drove outside the scope of the permission given, [...]
The Ontario Superior Court of Justice held in April, 2015, that recent amendments to the rules for calculating prejudgment interest apply retroactively. The amendments apply to car accident injury cases that were already before the courts when the Ontario Legislature changed the rules on Jan. 1, 2015. The result is that lower prejudgment interest rates [...]
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.
The recent Ontario Superior Court decision of Azzopardi v. John Doe and The Personal Insurance Company [“Azzopardi”] appears to to lower the threshold for the types of corroborative evidence that Ontario courts will accept when considering a party’s entitlement to under-insured coverage in accidents involving unidentified vehicles. Under-insured motorist coverage where an unidentified motorist is [...]
Waivers go by many names, but generally, waivers are written agreements that people sign before they participate in risky activities. Waivers are a risk management tool that involves transferring liability for injuries from one party to another by means of written contract. Many sports and recreational facilities require participants to sign waivers prior to engaging [...]
Mr. Gjorseski was a hard working carpet installer. His life came to a sad and abrupt end after a long day of work at a condominium construction site. While exiting the hoist, a section of metal safety fence fell from the 28th floor and struck him. He was killed instantly. His family commenced a civil [...]