Individuals injured as a result of a slip and fall may have a claim for compensation against the owner or occupier of the property. Under the Occupiers’ Liability Act, R.S.O. 1990, c O.2, every person or entity that owns or occupies property – whether it be a house with a driveway, a grocery store, or a plot of land – owes two basic duties:

• 1) to take reasonable steps to keep people reasonably safe; and
• 2) to not act with intent to harm or reckless disregard.

You must prove that the owner or occupier of the premises where you fell breached one of these two duties in order to establish liability or fault against them in a lawsuit. 

The steps you take immediately after and shortly after your slip and fall may generate vital evidence in establishing liability. 

Before leaving the scene

Documenting the scene of the slip and fall accident is one of the best means of gathering evidence of the case. Such evidence plays a crucial role in proving your case and securing the compensation you need. 

Here are some of the key things you can do before leaving the scene to help a personal injury lawyer assess and build your case: 

1. Photograph the scene of the fall: evidence as to the condition of the scene of a slip and fall accident is incredibly important, as Ontario law requires an injured party to show that scene presented a hazard that caused the fall and the individual’s injuries. Conditions of the scene may change quickly: winter weather conditions change between hours and days; property owners may make repairs to the surrounding areas after your fall and thereby remove evidence of the hazard In both situations, the injured party may lose their ability to demonstrate the exact conditions that contributed to their fall. By taking photographs at the scene, you can document the conditions that caused your slip and fall, such as wet floors, uneven surfaces, or inadequate lighting. Take as many photographs as you can from a variety of distances and angles to help capture the entirety of the surroundings. We often see photographs of hazards that are too close to the exact spot so as to fail to provide the viewer with the full surrounding. On the other hand, only taking photographs far from the spot may not clearly show the hazard. When in doubt, take as many photographs as you can. 

1. Gather the identity of witnesses: before you leave the scene, you should get the name and contact information of anyone at the scene that either saw your fall or was present at the time and can speak to the conditions of the surrounding area. These witnesses may assist your case later on. 

1. Report the incident to the owner/occupier: you should notify the property owner or the occupier that you fell. Many commercial owners and occupiers are required by their insurance companies to make incident reports of all falls on their premises. If you do not report the incident to a commercial owner and occupier, it will unlikely take any steps to record the incident or preserve key evidence from the date of the fall, such as maintenance logs or CCTV camera footage. 

1. Identify any CCTV sources on the property: observe your surroundings and note any CCTV cameras pointed towards the location of the fall. Although CCTV cameras are not always easy to notice, you should ask the property owner when you report the fall whether it has any CCTV cameras at the area of your fall, and, if so, tell them you would like to see it. The property owner may not agree to show the CCTV footage to you, however, at the very least, you will have notified them to preserve the footage. CCTV footage often becomes crucial evidence in slip and fall cases. 

After leaving the scene 

You should seek immediate medical attention after your slip and fall in order to have a trained medical professional assess your conditions, render diagnoses, and make treatment recommendations to help you on your road to recovery. 

Failure to seek medical attention, or follow treatment recommendations, may be used against you in a lawsuit. 

You may also wish to return to the scene of the accident to measure deficiencies. For example, if you tripped on a raised sidewalk panel or on a ledge or step, you should return to the site of the fall as soon as possible with a ruler and take measurements of the height discrepancy. To record the measurements, we suggest you take a photograph of the rule pressed against the height discrepancy that shows the measurements.  

Notice Provisions: snow/ice and municipal sidewalks

Depending on the circumstances of the cause of your fall, your potential claim may be subject to laws that require you notify potential defendants within a certain number of days of your fall. The consequences for failing to put on notice certain entities may result in your lawsuit being dismissed.

Reporting the fall to the property owner at the time of the fall will not be considered sufficient notice for the purposes of satisfying legal notice provisions. You should read the information below carefully as many of these notice requirements are not well-known or communicated to the public. 

Claims involving snow or ice: if you slipped and fell on any property due to snow or ice, section 6.1 of the Occupiers Liability Act requires you to notify the occupier or winter maintenance contractor of the property where you will with written notice of the fall within 60 days of the date of your fall. Notice must be handed to the occupier or winter maintenance contractor personally or mailed to them by regular mail. The notice must include the date of the fall, the approximate time of the fall, a description of the location on the property where the fall occurred. 

Claims involving municipal sidewalks: if you slipped or tripped on a municipal sidewalk, either due to snow and ice or because of a raised sidewalk panel, section 44 of the Municipal Act, 2001, S.O. 2001, c. 25 requires you to notify the municipality with jurisdiction over the sidewalk within 10 days of the date of your fall. Notice must include the date of the fall, the time of the fall, and a description of where the fall occurred. Section 44(10) requires that the notice must be sent by registered mail to the clerk of the municipality. 

Claims on government or crown land: much like claims against municipalities, section 7(3) of the Proceedings Against the Crown Act, R.S.O. 1990, c. P. 27 requires those injured in slip and fall accidents on land owned or managed by the government or Crown to personally serve the Crown Law Office (Civil Law) of the Ministry of the Attorney General with notice of the fall within 10 days. The Proceedings Against the Crown Act specifies that the notice must contain “sufficient particulars to identify the occasion out of which the claim arose.” 

In some but not all cases, failing to provide notice may not be fatal to starting a lawsuit. The Occupiers Liability Act and Municipal Act provide exceptions where an injured person can provide a “reasonable excuse” for failing to deliver the notice within the prescribed time. 

What is and what is not a reasonable excuse depends on the facts. You should never assume your reason for not having delivered a notice within the appropriate time will be considered a reasonable excuse. 

Consulting with a Slip and Fall Lawyer Newmarket

After a slip and fall accident, it is highly recommended to consult with a personal injury lawyer that has a successful trial record of representing the injured in slip and fall cases. 

Boland Romaine’s slip and fall accident lawyers have successfully recovered compensation before judges and juries in these types of cases. Here is how we can help: 

• Legal expertise: Our slip and fall lawyers are experienced in personal injury law and routinely navigate the relevant statutes, regulations, and case precedents. We can assess the strength of your case and provide you measured and effective legal advice. 

• Investigation: our lawyers regularly conduct thorough investigations into slip and fall accidents, including gathering evidence, interviewing witnesses, and retaining trial-experienced expert witnesses. 

• Negotiation: the strength with which we build slip and fall cases, and our extensive trial experience, often allows us to negotiate fulsome and fair settlements for our clients that we believe reflects the maximum value of their case. 

• Trial experience: our proven effectiveness at trial before judges and juries means we will not shy away from the courtroom or recommend reduced settlements to you out of concern with our abilities. Our experience informs us as to how to build your case and confidently predict an outcome with the judge or jury. 

By consulting with Boland Romaine’s Personal Injury Lawyers, you can benefit from our legal expertise and increase your chances of a successful outcome in your slip and fall claim.

If you or a loved one has suffered injuries as a result of a fall, contact our Slip and Fall Injury Lawyers today at 1-844-837-6583

We understand the pain you are going through and will strive to obtain compensation for your injuries under the common law or the Occupiers’ Liability Act, R.S.O. 1990, c. O.2. We will be there every step of the way to ensure that you understand your legal rights and role in the process, and will advocate vigorously on your behalf. Our experience allows us to ensure you or a loved one receive fair compensation which reflects the lifelong impact an orthopedic injury may have. Please contact us to find out how we can help you.

The post Steps to Take After a Slip and Fall Accident in Ontario appeared first on Boland Romaine LLP.

What happened?

A motorcyclist was rushed to hospital following a collision with a car on Tuesday evening at approximately 6:20 p.m. The accident happened in the Hillside neighborhood near Steeles Avenue East and Reesor Road.

Who was hurt?

Toronto police reported that the motorcycle rider, an adult male, sustained serious injuries and was transported to a trauma center by paramedics.

Understanding Motorcycle Accident Laws

Motorcycle accident laws vary by province, so it’s important to know the laws of your jurisdiction.

In Ontario, a motorcyclist must have the proper driver’s licence and carry automobile insurance. If you are a motorcyclist injured in an accident, you can make a claim for statutory accident benefits under the Statutory Accident Benefits Schedule through your own automobile insurance company, regardless of who caused the accident. Depending on how the collision occurred, you may also start a lawsuit against the at-fault party (known as a tort claim) if there was an at-fault party.

Steps to Take Immediately After a Motorcycle Accident

It’s crucial for individuals who have been injured in motorcycle accidents to gather as much evidence as possible from the accident scene. 

If possible, before you leave the scene, you may wish to take photographs of the area where the accident occurred. To begin, take photographs of the collision area from the perspective of the motorcyclist (i.e. you) and then from the opposite direction or that of the other vehicle involved. Pay close attention to any skid marks, gouges, or debris left behind: these subtle signs may establish the path of travel of the vehicles involved and show any steps taken by the vehicles to try to avoid the collision.You should also photograph where each vehicle came to rest after the impact.  

You should also take photographs of your helmet and motorcycle, including the serial numbers, as well as the various components such as hand brakes, lights, reflectors, derailers, gears, and tires. To assist with the investigation of the accident, we suggest you preserve your motorcycle, your helmet, and your clothing, as they may be helpful evidence for any potential case. Avoid repairing your motorcycle or changing any gears. 

Once you have received the necessary medical care, you or a family member may consider pursuing a lawsuit to protect your future. We encourage you to reach out to Boland Romaine’s personal Injury lawyers as we have extensive experience in handling motorcycle accident claims and can provide you with the representation you need.

Seeking Legal Representation

Selecting a personal injury lawyer to represent you is an incredibly important decision, as the right type of lawyer will maximize your chances of receiving fair compensation. 

Choose a lawyer who specializes in motorcycle accident cases and has a proven track record of success. A skilled personal injury lawyer can guide you through the legal process, gather evidence, assess the value of your claim, and negotiate with insurance companies on your behalf. They can also help protect your rights and ensure you don’t accept a settlement that is less than what you deserve. 

Boland Romaine’s motorcycle accident lawyers are experienced trial lawyers that have built a reputation in the insurance industry of taking complex cases to trial and winning. In our trial decision of Cockburn v Holmes, we were successful at a jury trial in recovering nearly $420,000 over the insurance company’s settlement offer for a motorcyclist that T-boned a van that pulled in front of him. This case supports our courage to say “no” to unreasonable offers and shows our commitment and skill to obtain the best result for the injured. 

Negotiating with Insurance Companies

Negotiating with insurance companies can be challenging and overwhelming, especially as you are focused on recovering from injuries from a motorcycle accident. As a general strategy, insurance companies may offer you a settlement that is far below the actual value of your claim.

Having legal representation can significantly improve your chances of negotiating a fair settlement. Boland Romaine’s motorcycle accident lawyers can review the details of your case, calculate the full extent of your damages, and navigate complex settlement negotiations to ensure any settlement offer is fair. If a settlement cannot be reached, we will represent you in court to seek the full recovery.

The post Scarborough Crash: Motorcyclist Hospitalized Following Collision With Car appeared first on Boland Romaine LLP.

Even in snowy or slippery conditions we must travel to work, school, or leisure activities. Take to the roads safely with these important tips from the Ontario Ministry of Transportation.

1. Check your vehicle

Get your vehicle winter-ready with a maintenance check-up. Carry an ice scraper and washer fluid effective to -40oC. Keep your fuel tank at least half full. Consider installing four winter tires. You’re eligible for an auto insurance discount if you use them!

2. Plan ahead, use your judgment

The post Winter Driving: Essential Road Safety Tips for Ontario Drivers appeared first on Boland Romaine LLP.

The report states that there was an increase in the number of deaths on Ontario highways in 2013 where snow, slush or ice was a factor. The Auditor General’s report says “… the safety of the public and of providers of emergency services were put at risk because contractors did not plow or salt at all, did so far too infrequently, or drove equipment too quickly for the plowing and salting to be effective.” In 2013/2014, for example, there were 1,100 instances where contractors did not meet multiple outcome targets. 

But why were the contractors doing so poorly? The Auditor General faults the Ministry of Transportation’s move in 2009 to implement “performance-based contracting” which gives contractors full autonomy in determining how they would meet the Ministry’s winter highway maintenance outcome standards. By so doing, the proven historical practices were dropped from the contracts. The Auditor General also found that “the overriding criterion used by the Ministry to award contracts was the lowest bid, [so] there was an obvious incentive for contractors to minimize their equipment and use of winter treatment materials.”  By example, in one contract area the amount of anti-icing liquid decreased from 3,200,000 litres in a winter to 9,500 litres, and contractors took more than twice as long after a storm to restore bare pavements (4.7h) than prior to 2009 (2.1h). In fact, seventy five percent of the winning proposals sampled did not obtain full points in the area of winter highway maintenance, such as the contractor’s ability to meet required circuit times with the proposed level of equipment. The Ministry advised the Attorney General it “believed that fines collected would be sufficient to cover the actual loss or damage that the Ministry could accrue as a result of failure to provide the service.” 

The Auditor General’s report focuses exclusively on provincial roads. However, there is an equal or greater problem with municipal roads, which has not been examined by the Auditor General. Like provincial roads, between 1996 and 2002 the MTO oversaw a transition from process-based practices to “performance-based contracting.” It also oversaw the drafting of a regulation that set outcome targets much lower than the historical standards, and provides immunity from lawsuits to municipalities who comply with the low expectation. The regulation is called the Minimum Maintenance Standards for Municipal Highways (MMS). 

The MMS was introduced in 2002, but it has undergone several iterations following successful lawsuits that highlighted its gross inadequacies. The first was brought by BolandHowe in Thornhill v. Shadid, in which Howden J. criticized the winter patrolling requirements and questioned the regulation’s legitimacy. The second was Giuliani v. Halton in which the Court of Appeal strictly interpreted the MMS and recognized that under the MMS, “a municipality is not liable for negligently failing to maintain a highway if it complied with the minimum standards that applied to its failure.” The third, Silveira v. Regional Municipality of York and HMQ, was also brought by BolandHowe and counsel on Giuliani. That was an application to strike the regulation as ultra vires, for prescribing a standard of care that is less than reasonable. The Ministry, York Region, and the Ontario Good Roads Association avoided the challenge days before it was argued, when York Region withdrew its reliance on the MMS in the underlying action. 

The Minister of Transportation, Steven Del Duca, has said in response, “I am committed to getting it right so that Ontarians can drive on our highways with the confidence they deserve.” Hopefully, he will review municipal roads too. 

The post Ontario Jeopardized Lives Of Winter Motorists appeared first on Boland Romaine LLP.

In York Region, including Aurora, Richmond Hill, Oak Ridges, and Newmarket, there are many creeks and waterways that will begin to swell as the snow melts, creating cold, slippery hazardous conditions. As the temperature makes its way above zero, water levels will rise and the ice that’s covering local rivers, streams, and ponds will break-up.

While it is tempting to get out there and start exploring, it is also important to be mindful mindful of the dangers that exist for you, your children, and even your pets.

What can you do to stay safe during potentially hazardous spring melt conditions?

• Keep your eye on children and pets and stay away from the edge of all waterways including ponds, lakes, rivers, and streams.
• If you can, clear a path for the melting snow to easily drain. Be particularly mindful of shoveling excess snow away from storm drains on or near your property. This activity will prevent pooling waters.
• Check your downspouts, catch basins, and eavestroughs and make sure they’re clear and able to drain away from your home to prevent flooding and damage to your foundation.

Let us make this an enjoyable spring for everyone by keeping safe!

For more information, call your local conservation authority:

Lake Simcoe Region Conservation Authority, 905-895-1281

Toronto & Region Conservation Authority, 416-661-6514

Conservation Halton, 905-336-1158

Credit Valley Conservation, 905- 670-1615

Central Lake Ontario Conservation Authority, 905-579-0411

Ganaraska Region Conservation Authority, 905-885-8173

Nottawasaga Valley Conservation Authority, 705-424-1479

Kawartha Conservation, 705-328-2271

The post Spring Safety: How to Stay Safe While the Snow Melts appeared first on Boland Romaine LLP.

Accidents involving pedestrians—and sadly, often children—are all too common in Canada. Pedestrians are particularly vulnerable in road accidents as they are unprotected, and if struck by a vehicle, are more like to sustain a serious injury or worse. Sadly, many of these accidents involve children, In a car vs pedestrian situation, the car will always win.

While some pedestrian fatalities can be attributed to a fault of the person on foot—such as crossing mid-block or without the right of way (against the light)— much of time the accident can be attributed to driver error, such as rushing or inattention.

The goal of the legislation is to create a safe walking environment by ensuring that pedestrians are safely out of the crossing before a vehicle resumes movement. Since so many of these incidents involve children, the new rules will greatly enhance child safety. In addition to the penalties imposed by the law, injuries and fatalities will be reduced by combining education and improved design and marking of pedestrian crossings.

Important Definitions

This new law may be confusing for both pedestrians and motorists due to the difference in commonly used language, such as the use of the word crosswalk.

Pedestrian crossover: identified by specific signs, pavement markings, and lights. Crossovers have illuminated overhead lights and/or warning signs and pedestrian push buttons. You may commonly refer to this type of crossing as a crosswalk.

Crosswalk: crossing location usually found at intersections with traffic signals, pedestrian signals or stop signs. Crosswalks may be the portion of the roadway that connects the sidewalk on opposites sides of the road or the portion of the roadway that is indicated for crossing by signs, lines, or markings.

The Law

Beginning January 1, 2016, all Ontario drivers, including cyclists, must stop and yield at the roadway types specified and must not proceed until the pedestrian is out of the intersection and safely off the roadway.

There are two types of crossings covered by the new law:

1. Pedestrian crossovers that are marked with specific signs, road markings, and lights.
2. School crossings where there is a crossing guard displaying the school crossing sign.

Crossings not covered by the law:

-Pedestrian crosswalks at intersections with stop signs or traffic signals unless a school crossing guard is present.

Additionally, beginning on January 1, 2016, municipal road authorities will have the option to install one of 3 new types of crossovers that are comprised of black and white pedestrian crossing signs and painted road lines.

For all specified crossings, motorists and cyclists will have to wait until pedestrians have completely crossed the road before moving. If they do not, they may receive a fine and demerit points.

Fines and Penalties

Violators will be subject to a fine ranging from $150 to $500 plus a penalty of 2 demerit points. Fines will be doubled in Community Safety Zones—generally located near schools and public areas—that are marked by signs.

While this legislation is an important step forward in improving road safety for everyone, it is up to both pedestrians and drivers to be smart and keep roads safe. Here are a few tips from the Ministry of Transportation for staying safe on the road.

Pedestrians:

Pay attention and do not assume that all drivers and cyclists are going to cede right of way and walk defensively and according to the rules of the road.

• Cross only at marked crosswalks or traffic lights. Do not cross in the middle of the block or between parked cars.
• Make sure drivers see you before you cross. If the driver is stopped, make eye contact before you step into the road so they know your intention.
• Wear bright or light-coloured clothing or reflective strips, especially at dusk or when it is dark.
• When at a traffic light:

-Cross when traffic has come to a complete stop.

-Begin to cross at the start of the green light or “Walk” signal.

-Do not start to cross if you see a flashing “Do Not Walk” symbol or the light turns yellow. If you already started to cross, complete your crossing as quickly as possible.

• Never cross on a red light.
• Watch for traffic turning at intersections or turning into and leaving driveways.

Drivers

• Watch for pedestrians, drive carefully and courteously, and follow the rules of the road.
• Always look to see if a pedestrian is in the crossing, especially before making a turn.
• Watch for children. Drive slowly and cautiously through school zones, residential areas, or any other area where children could be walking or playing.
• Watch out for Community Safety Zone signs that indicate areas where public safety is a special concerns and drive more carefully.
• Be patient, especially with seniors or pedestrians with disabilities who need more time to cross the road.
• Drive carefully near streetcar stops with islands or zones for passengers getting on and off. Pass them at reasonable speeds, and be ready to stop if pedestrians make sudden or unexpected moves.

If you have you or someone you know was injured while crossing the road, please contact us today.

The post Pedestrian Safety: Explaining the New Rules for Crossovers and Crosswalks appeared first on Boland Romaine LLP.

Since Monday, Oct. 6, the front doors and controlled entry systems of Halton’s and Ottawa’s public English elementary schools have been turned off as part of negotiation strategies between the union and the provincial government.

City News quotes Jo Dean, an executive officer with the Ontario Secondary School Teachers’ Federation (OSSTF), as saying that the task of controlling access in schools has been “downloaded on (the secretarial staff) and it just interrupts the day constantly.”

The CBC interviewed Cindy Dubue, the vice president of the OSSTF, who downplayed the risk faced by students by saying there are schools in Ottawa that don’t have buzzer systems.

She also pointed to the Ottawa-Carleton District School Board as being responsible for not finding an alternative once the secretarial staff stopped controlling access. And she argued that half security measures were better than a complete stoppage of school services.

Regardless of the deeply held positions at play in the negotiations, I encourage the OSSTF, school boards and the provincial government to reverse the decision pertaining to the kids’ safety. Keep schools locked and children safe.

Everyone knows from watching our U.S. neighbours that elementary schools are vulnerable targets for the nefarious. And everyone knows that while the prevalence is low, the outcomes are horrifying.

In Ontario, police stations, courthouses, and federal Parliament have well-controlled access. It was only last Oct. 22, 2014 that the nation was shocked by a series of shootings on Parliament Hill, and the ease with which a gunman was able to enter Centre Block.

Schools in Canada have not been immune to atrocities. The potential outcomes to the families should be enough for such a negotiating tactic to be unthinkable.

If that is not enough, then consider how the law would treat unions and school boards if the worst case came to pass? Both organizations owe duties to the children for whom they are entrusted. That duty is a high one. It is a fiduciary duty, of utmost good faith.

At law, teachers and school boards are considered to be in the position of each child’s parent.

Should the worst come to pass, it is not an answer to say that some schools have buzzers and others do not. It is not an answer for both parties to blame the other and leave the doors open. It is not an answer to suggest that the inconvenience of a staff member justifies exposing children to such harm.

The scope of potential claimants could be as large as the entire family of every student at the school.

After a court struggles to quantify the loss to each discrete family and victim, the court would then consider punitive damages. These damages target not loss, but conduct.

The defendant’s wrong is considered directly and separately in order to assess its severity and, accordingly, the appropriate degree of punishment.

The other forms of damages look to the loss of the plaintiff, but punitive damages refer essentially to the degree of culpability of the defendant’s action. The punitive damages would be precedent setting.

How large? In the seminal case of Whiten v. Pilot Insurance Co., the Supreme Court of Canada upheld a $1-million punitive award against an insurance company that alleged its insured was an arsonist, when the evidence showed the opposite.

That was one family and one insurance company, over damage to a reputation. How much greater would the punitive damages be for the avoidable ruin of a community?

This is not a case that society ever wants to see happen.
Please, please, reconsider.

NOTE: The article has also been featured at www.advocatedaily.com

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