Toronto Personal Injury Law Blog

This is a further decision (found here) rendered on the Bill 198 threshold for pain and suffering damages, with Madame Justice Wilson finding that the plaintiff did not meet the threshold in this situation.

Bill 198 applies to motor vehicle accidents in Ontario as of October 1, 2003.  The test for pain and suffering damages has been expanded by Regulation and there are now a handful of recent decisions which have provided some guidance as to interpretation of the new test. … Continue Reading

Case Comment – Chamberland v. Provincial (2008 Ontario Superior Court) per Kane, J.

This interesting case involved a group of garbage truck drivers who worked together for the City of Sudbury.  They pooled their money together, contributing approximately $5 to $10 per week in order to buy lottery tickets.

In July, 2005 they won $13.6 million dollars.

The winnings were split between 5 co-workers but 2 more co-workers started lawsuits seeking to be included in the lottery winnings.… Continue Reading

As of January, 2009, Ontario has banned smoking while in a car, if a child 15 years or younger is also in the car.  The offence attracts a $250 fine.

You can read the Smoke-Free Ontario Act.  The offence provisions are found at Section 9.2and also Section 15(6.1) of that Act.

From a civil litigation perspective, this adds another issue when dealing with liability concerns in motor vehicle accidents in Ontario.  This adds to the “Rules of the Road” provisions outlining a driver’s responsibilities under the Highway Traffic Act of Ontario.… Continue Reading

Case Summary – Hibberd v. William Osler Health Centre (2009) Ontario Superior Court per Pattillo, J.

This is a recent decision involving the slip and fall of a pediatric dental surgeon in the William Osler Health Centre hospital.  The plaintiff, Dr. Hibberd, fell on the wet hospital floor and contrary to hospital policy, there was no warning sign indicating a wet floor.

On liability, Pattillo, J., after an extensive analysis of the Occupier’s Liability Act and the evidence concerning the hospital’s policy and practices, held the hospital negligent for having failed to follow their policy on posting signs warning of wet floors.… Continue Reading

Earlier this month, the Quebec Superior Court awarded $44,000 to the parents of a 9 year old boy who suffered personal injury and lost some teeth while skating on a public outdoor rink.  The accident occurred when a 15 year old boy, playing shinny hockey on the same outdoor rink, negligently shot a puck and hit the 9 year old in the face. The case went to Trial and the victim was awarded damages reimbursing him for some of his medical expenses incurred and loss suffered.… Continue Reading

Case Comment – Lesecq v. Ottawa Montessori School, 89 O.R. (3d) 62, 2008 CanLII 580 (S.C.)

Background

Security for costs may be ordered to prevent a party who is not under the immediate jurisdiction of a court or tribunal from escaping responsibility for an adverse cost award. Orders to post security for costs are common in personal injury actions where a plaintiff has been injured within the jurisdiction (frequently while on holiday) and then returns to his or her jurisdiction of residence after commencing an action or damages.… Continue Reading