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Posts Categorized: slip and fall

Facebook Defence – 1,500 Pages Sought – Personal Injury Lawsuit – Part 5

Three separate plaintiffs suing for damages arising from a dog attack, pursuant to Ontario’s Dog Owner’s Liability Act, had three different Facebook and MySpace accounts containing approximately 1,500 pages of photographs, blogs and emails.

In the 2009 Ontario Superior Court of Justice decision of Kent v. Laverdiere, Master Haberman extensively reviewed the merits of the defendant’s motion for production of the three separate plaintiffs and their social networking profiles, totaling more than 1,500 pages.

The main issue concerning this motion was the extensive nature of production sought (and the number of hours required to properly produce this information) versus the imminent Trial date, set for four weeks after this subject motion.… Continue Reading

Facebook Defence – Give Me Access! – Personal Injury Lawsuits – Part 4

One of the earlier Ontario cases dealing with disclosure of a plaintiff’s Facebook account profile was the 2007 Ontario Superior Court of Justice case of Murphy v. Perger (2007) 67 C.P.C. (6th) 245, in which Madam Justice Rady ordered production of a plaintiff’s Facebook account profile, which was marked as a “private” account but had 366 Facebook “friends” attached.

The defendant, in this productions motion, did not seek access to the email communications contained on the plaintiff’s Facebook account.

The plaintiff solicitor had, prior to this motion, produced pictures of the plaintiff showing her pre-accident activities, in support of her claim post-accident of suffering from fibromyalgia and TMJ (temporomandibular joint) disorder.… Continue Reading

Facebook Defence Strikes Again in Personal Injury Lawsuits – Part 3

You enjoy keeping in touch with family and friends on Facebook.  It is an easy way to stay current with old acquaintances.

Then you are involved in a car accident or slip and fall accident.  You are badly hurt.  Eventually you go to see a lawyer to help you start a lawsuit, as you are unable to work and earn an income.  Your ongoing pain and need to seek medical treatment convinces you that your injuries may be long-term.

You start a lawsuit. … Continue Reading

Slip and Fall on Ice > 5 Months to Notify City is Reasonable

It is generally difficult to pursue the City of Toronto and other Ontario municipalities for failure to clear their sidewalks of ice and snow.

First, you must send a notice letter properly to the City immediately after your accident, within 10 days of your slip and fall accident.  This applies even if you are in the hospital.  The exceptions are limited.

Then, you must prove negligence on the part of the City for failing to maintain their sidewalks, found in s.44(9)… Continue Reading

Slip and Fall on City Property – Act Quickly if You Are Hurt

If you hurt yourself on City property, which most commonly is a slip and fall on ice, snow or an uneven sidewalk, then you have 10 days to notify the City in writing of your incident – s. 44(10) of the Municipal Act.

Most people do not know that they have 10 days to notify the City of their accident.

NOTE: if you are hurt and seek medical treatment (whether you are hospitalized or attending at your family doctor’s clinic), the 10 day period still applies unless you fall under a narrow exception of circumstances.… Continue Reading

Trip and Fall in a Busy Costco Store > The 347,496th Customer was Unlucky

Big box retailer Costco recently was ordered to pay damages to a 53 year old retired woman who tripped and fell in January, 2003 while entering the Costco store with her husband.  She tripped over metal floor grates designed to allow dirt and debris from customer footwear to fall below floor level, keeping the area clear for the next customers passing through.

Liability was seriously in dispute.  This busy London, Ontario Costco store had used this metal floor grate system for approximately 18 years without a problem – according to their records. … Continue Reading

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