Injury Lawyers Since 1984
Call Us 1-844-837-6583
Call Us 1-844-837-6583
We have successfully taken cases involving struck cyclists to trial, and won, and settled many similar claims on behalf of numerous cyclists. From a legal perspective, there are several typical claims that arise when a cyclist is involved in an accident.
Municipal liability encompasses the legal principles and processes by which a government entity can be held accountable for actions or omissions that cause harm to individuals.
As recognized leaders in this field, Boland Romaine’s municipal liability Lawyers represent victims of negligence in a wide variety of cases, like motor vehicle accidents involving road maintenance standards and incidents at public facilities such as parks or stadiums, theaters and more.
When They Fight, We Fight Harder
Municipal liability claims can arise from a variety of issues. Here are some common types:
Negligence Claims
Liability for Dangerous Conditions
Liability for Failing to Protect
The Ontario law that defines liability when someone is hurt on a premises is the Occupiers’ Liability Act. The Act says that the occupier of a property has a reasonable duty of care to keep anyone entering their premises safe. The occupier may be the owner, tenant or anyone who is responsible for, or has control over the property. This duty of care applies to business owners, homeowners, municipalities and any other party who may control a property.
Section 44 of Ontario’s Municipal Act, 2001, S.O. 2001, c. 25 puts a legal duty on municipalities to keep their roads and bridges in a state of repair that is reasonable in the circumstances. That includes removing snow, black ice, or debris and repairing potholes.
Municipalities and other government bodies are responsible for maintaining millions of miles of roads and sidewalks in Ontario. Under the Ontario Municipal Act (2001) section 44, municipalities must maintain roadways and bridges in a reasonable state of repair:
There are specific maintenance standards that must be met by the municipality, as set out in the Minimum Maintenance Standards for Municipal Highways, O. Reg. 239/02. For example, the minimum maintenance standard with respect to the time to repair a pothole varies depending on the size of the pothole, the class of the highway, and whether the road is paved or not. A municipality that fails to meet its legal duty is liable for all damages any person sustains because of the default.
This means that municipalities are obligated to fix unsafe conditions of roads of which they should reasonably have been aware of. They must also take reasonable steps to prevent the unsafe condition from occurring.
On a winter night, 18-year-old Melinda Wasylyk was driving home from her first night of nursing college when she lost control of her vehicle twice on CR 88 – one of the busiest roads in Simcoe County (“Simcoe”) connecting Hwy 400 to Bradford. She crossed the center line and was struck by an oncoming vehicle. Melinda suffered catastrophic injuries, with damages agreed upon prior to trial in the sum of $16 million. As a result of her brain injury, Melinda could not speak on her own behalf, having no recollection of the collision, or even purchasing her car 5 months earlier.
After hearing from 21 witnesses, Justice A. Casullo found that CR 88 was in a state of disrepair and that Simcoe failed to take appropriate steps to treat the roadway.
Boland Romaine’s municipal liability lawyers have extensive experience in litigating cases and taking them to trial if it is in the best interest of our clients.
In a municipal liability case we are confident that you need a lawyer who will be a fearless advocate for you in the court. Municipal parties have a great reach to hire experts and will try to throw away your lawsuit. But we never back down from a fight. We have spent upwards of $600,000 on a single file, developing the medical and engineering evidence needed to take complex cases to trial.
We are dedicated to our craft. Boland Romaine Municipal Liability lawyers are dedicated to pursuing the highest standards of personal injury litigation. We are recognized by the Law Society of Ontario as Specialists. We are frequent speakers at conferences, educating our fellow personal injury lawyers.
Our Lawyers Get Paid When Your Claim Is Successfully Resolved
The Law Society of Ontario strictly regulates personal injury contingency fee agreements. We will provide you with our contingency fee agreement during our initial meeting and discuss it with you in detail. It will include the following significant provisions:
When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.
Boland Romaine has a proven track record of obtaining significant settlements for clients, including multi-million-dollar awards for catastrophic injuries such as spinal cord injuries and traumatic brain injuries. Their unwavering commitment to excellence has earned the firm recognition in prestigious legal directories, including Best Lawyers in Canada and the Lexpert directory.
For those whose lives have been profoundly impacted by car accidents, Boland Romaine offers free consultations to discuss potential claims and provide guidance on the legal process. The firm’s compassionate and dedicated team is committed to helping clients rebuild their lives after devastating accidents, ensuring they receive the justice and support they need to move forward.
Operating on a contingency fee basis, Boland Romaine ensures that clients do not pay legal fees unless their claim is successfully resolved. This approach makes legal representation accessible to everyone, regardless of their financial situation. By focusing on a select number of seriously injured clients, the firm provides personalized attention and dedicated resources to achieve the best possible outcomes.
Gather the Evidence Make an Informed Decision
A car accident lawyer who is either afraid, inexperienced, or cannot afford to go to trial may ultimately end up costing you thousands in compensation you are rightfully owed.
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If you or a loved one has suffered a serious injury due to someone else’s negligence, you may be able to advance a claim for personal injury. The facts and circumstances of each case are unique, as well as the legal elements required to be satisfied. Consulting an experienced personal injury lawyer to discuss your case and provide advice on whether you have a case is the next step.
If your LTD claim has been denied, a disability lawyer can help by:
Don’t speak to the adjuster from the insurance company.
When you consult with us, we will advise you as to your rights and options and we will help you understand your insurance policy and its terms. You may have different options available to you such as suing the other driver or you may be eligible for income replacement benefits and short-term disability.
we don’t require much information at our initial consultation, other than your memory of when, where, and how the accident happened; what injuries you’ve sustained and how it’s affected you.
Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period when you are unable to return to regular activities, etc
The most important thing to do after an incident resulting in a personal injury is to focus on recovery. The next step is to start doing research for a personal injury lawyer that is right for you. Look for information regarding their qualifications, experience, and reputation among their peers.
Also consider these critical steps after an injury after seeking medical help.
In most cases, you have 2 two years from the date of the incident to file a lawsuit. This is called the limitation period. If you were injured while you were a minor, you have two years from the date you turn 18 to file a lawsuit or two years from the date a litigation guardian is appointed on behalf of the minor. In certain circumstances, this general limitation period of 2 two years from the date of the incident does not apply. The period may be longer, or it may be shorter. For this reason, it is important to contact a personal injury lawyer as soon as possible to start the process of filing your lawsuit.
If you need a car accident lawyer in your area, start by researching local law firms that specialize in personal injury and accident claims. Look for lawyers with experience handling cases like yours, strong client reviews, and a track record of success.
At Boland Romaine, our Toronto-based car accident lawyers have extensive experience managing complex claims, ensuring our clients receive the legal guidance and compensation they deserve.
Our municipal liability lawyers know exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.
Building a strong case means we will:
A Boland Romaine municipal liability lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.
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