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Do Ontarians Have a Right to a Jury Trial in Civil Matters?

A slip-and-fall accident may be the fault of multiple parties. If your accident occurs in a shopping centre, for example, liability might ultimately fall on the owner of the premises, an individual store that rents space, or even a contractor who performed shoddy maintenance work. Of course, when there are multiple parties who may be … Continue reading “Do Ontarians Have a Right to a Jury Trial in Civil Matters?”

Will Accepting EI or Disability Benefits Hurt My Personal Injury Claim?

If you suffer a catastrophic injury in a motor vehicle accident, you may be legally disabled and therefore unable to return to work. Aside from any benefits you recover under your auto insurance policy, or from the negligent driver in a personal injury lawsuit, you may also qualify for other benefits, such as long-term disability … Continue reading “Will Accepting EI or Disability Benefits Hurt My Personal Injury Claim?”

Is a Shopping Centre Owner Responsible for a Pedestrian Accident on Its Property?

A Ontario Occupiers’ Liability Act, the owner has a legal duty “to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.” While this does not mean … Continue reading “Is a Shopping Centre Owner Responsible for a Pedestrian Accident on Its Property?”

What Can Ontarians Learn from Colorado’s Experience with Legalized Marijuana?

On October 17, 2018, the use of recreational marijuana became legal throughout Canada. That makes Canada only the second country in the world to have legalized the drug nationwide, and the first member of the G7 countries to do so. As a pioneer in national marijuana legalization, many questions about the potential impact of that … Continue reading “What Can Ontarians Learn from Colorado’s Experience with Legalized Marijuana?”

Recent Case Examines When an Employee’s Disability Frustrates an Employment Contract

Can you be fired while on disability in Ontario? We explored that question in an article earlier this year. As we explained then, the answer to that question is that it depends—mostly on the reason you were fired. Because Ontario’s Human Rights Code (HRC) requires employers to accommodate workers’ disabilities to the point of undue … Continue reading “Recent Case Examines When an Employee’s Disability Frustrates an Employment Contract”

Functional Capacity Evaluations in Ontario: What You Need to Know

If you have been injured in a motor vehicle collision and cannot continue working as a result, you may be entitled to income replacement benefits. However, in some circumstances, your insurer can require you to undergo an independent medical examination to verify your continued eligibility for benefits. These examinations may involve any of several different … Continue reading “Functional Capacity Evaluations in Ontario: What You Need to Know”

Is the Driver of the Rear Vehicle Always Responsible for A Rear-End Accident in Ontario?

When a rear-end car accident occurs, Ontario law starts with the presumption that the rear driver was responsible. This means that if a personal injury case goes to trial, the driver of the rear vehicle must prove he or she did not cause the rear-end accident. Among other things, this includes proving the driver maintained … Continue reading “Is the Driver of the Rear Vehicle Always Responsible for A Rear-End Accident in Ontario?”

 
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