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Posts Categorized: slip and fall

Toronto Dog Attack: Motion to Dismiss Denied

The Issue: In Ontario, dog owners have responsibility to manage their dogs in public and to ensure the safety of other people, primarily by leashing and controlling their dogs while outdoors. There is legislation, called the Dog Owners’ Liability Act which imposes statutory responsibilities against owners.

Why This Matters

Dog owners should have a homeowner’s insurance policy which protects them if their dog bites or attacks someone or, inadvertently while playing with another dog, causes injury or frightens another person.


This Case Situation

In the case of Elbaum v.Continue Reading

It’s OK When Insurers Fight Over Our Case: Markham Slip and Fall on Icy Sidewalk > Broken Ankle

One of our cases recently came to a hard fought motion wherein the two insurance companies defending our client’s lawsuit were arguing over whether there was a duty to defend under the policy of insurance as between the two insurers. This case involved our client who unfortunately was badly hurt after a slip and fall on a Markham city sidewalk, suffering a nasty fractured ankle requiring surgery and extensive hardware: Zhou v. Town of Markham: Zhou v. Town of Markham, 2014 ONSC 435 (CanLII).Continue Reading

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Caledonia Trip and Fall: Fractured Shoulder and Rotator Cuff Tear > $107,000

The Issue: What are some of the problems you face when suing a city / municipality for a slip / trip and fall accident (i.e. uneven sidewalk)?

In Ontario, a trip and fall on a city sidewalk can be a difficult liability situation, so that often only quite serious injuries, resulting in significant loss and damage, are brought to Trial. Here, a married mother of two, employed as a hairdresser, suffered a serious shoulder fracture and rotator cuff tear as a result of stubbing / catching her toe on the lip of a concrete sidewalk slab that was sticking up higher than the adjoining slab: Grayling v.Continue Reading

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Toronto Sidewalk Slip and Fall: Aggressive Summary Judgment Motion by Contractor Against City Fails

In a slip and fall case against a city / municipality in Ontario, there is a difficult standard of care for plaintiffs to prove against the City in respect of the gross negligence standard. It is typical for a plaintiff to sue both the City and the actual contractor company hired by the City to perform the snow and ice clearing work.

In a recent decision, an interesting case whereby the plaintiff chose not to sue the contractor, thereby leaving it to the City to commence a Third Party Claim against the contractor.… Continue Reading

Brampton Sidewalk Slip and Fall – Knee Surgery: Claim Dismissed

A 51 year old electrician recently had his personal injury lawsuit, against the City of Brampton, dismissed on a summary judgment motion that considered the new directions given by theHryniak decision by the Supreme Court of Canada. The issue was whether the plaintiff’s failure to give notice to Brampton, within 10 days of slip and fall, was fatal to his claim against the City. Due to lack of knowledge, this plaintiff did not give notice to the City of Brampton until approximately 18 months post-accident.… Continue Reading

Slip and Fall? Notify City Immediately to Protect Your Right to Sue

The Issue

• In Ontario, if you slip and fall on municipal property (i.e. a city sidewalk), you have 10 days to notify the City of your accident

• The rationale behind this is to allow a city to investigate your claims in a timely manner – i.e. if you slip and ice; if you trip and fall on an uneven / cracked sidewalk, etc.

• Is waiting 12 months to notify the city of your slip and fall too late? … Continue Reading