In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald’s drive-thru in Albuquerque and spilled it on her lap. She sued McDonald’s and a jury awarded her nearly $3 million in punitive damages for the burns she suffered. This case became so famous that in 2011, it was the focus of [...]
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, [...]
Karen Martin was away from home one weekend and her son, Randy, took her car and was involved in a tragic accident that killed two young persons and seriously injured two others. Randy was criminally charged and pleaded guilty. The criminal case included an admission by Randy that he was driving his mother’s car without [...]
The Ontario Legislature works in weird and mysterious ways, sometimes. When it is not prorogued or debating setting inquiries into the cancellation of power plants, the Legislature will sometimes issue laws which seem, well, contradictory. Take the deduction of collateral benefits in car accident cases.
In order to claim accident benefits from your insurer, you have to be involved in a car accident. An “accident” for the purposes of accident benefits is defined as “an incident in which the use or operation of an automobile directly causes an impairment … .” In one of the first reported decisions of 2013, [...]
The summer months bring many things with them – sun tan lotion, patios, barbecues and, for many people, travelling. For those of you who are travelling by plane, you are in luck – the Court has provided its insight into the psychological trauma that often accompanies air travel and what we, as travellers, are entitled [...]
We’ve all been there. At the family wedding. Having a few drinks. At some point, the dance floor opens up and becomes flooded with people sweating out the alcohol or trying to impress the room with their moves. The party-goers are responsible for their own risky moves: the Carlton dance is long since over; the [...]
Someone attempts a headstand against a stripper pole in a moving limo bus. Injuries ensue. Is it an accident? This age-old question has finally been answered. In the recent decision Economical Mutual Insurance Company v. Whipple, the Financial Services Commission of Ontario (FSCO) determined that this was indeed an accident pursuant to section 2(1) of [...]