The Ontario Court of Appeal is being asked to interpret a potential conflict between two provincial statutes that could have significant ramifications for ski resorts and other recreational activities that carry the risk of injury.The scope of the Consumer Protection Act and the interplay with the waiver protections for suppliers under the Occupiers’ Liability Act are at the centre of appeals of two Superior Court rulings that are being heard jointly.The parties in Schnarr v. Blue Mountain Resorts Ltd. and Woodhouse v. Snow Valley, along with lawyers representing several intervener groups, including the province and the Ontario Trial Lawyers Association, made arguments at a two-day hearing on Feb. 7 and 8. “This is a novel case,” says Suhuyini Abudulai, partner at Cassels Brock & Blackwell LLP in Toronto. “It touches on a wide variety of industries and there is not a lot of guidance [on the scope of the CPA],” says Abudulai, whose practice focuses on … [Read more...] about Cases could have impact on recreational facilities
Personal injury lawyer ontario
A therapy dog was allowed in court to sit at the feet of the plaintiff while she testified in an Ontario Superior Court civil jury trial late last fall in what is believed to be a first in the province for this type of assistance in personal injury litigation.The approval, granted by Justice Elizabeth Quinlan, also highlights the different framework in terms of measures to assist children or other vulnerable witnesses in civil trials compared to criminal proceedings.“There really is nothing. It needs to catch up,” says Troy Lehman, who acted for the plaintiff in Little v. Floyd Sinton Ltd., where a civil jury in Barrie awarded $7 million in damages as a result of a brain injury suffered in a 2011 school bus accident. The Criminal Code contains provisions where a court can order that a vulnerable witness be permitted to testify by closed circuit television or behind a screen. As well, in some jurisdictions in Ontario, specially trained “facility” dogs are used … [Read more...] about Therapy dog allowed in civil jury trial
Photos and other information on a protected portion of an individual’s Facebook page invoke privacy interests and will not necessarily be produced to the defence in personal injury litigation, an Ontario Superior Court judge ruled last month.The judgment in Jones v. I.F. Propco issued by Justice Lynne Leitch last month is one of the most recent examples of trial courts being asked to decide between competing interests over information that has been posted on social media.“The conclusion that users have a privacy interest in the private portions of their Facebook accounts is more persuasive than the conclusion that they do not because they shared the account with a number of their Facebook ‘friends.’ Users have the option of keeping their Facebook accounts entirely public. The plaintiff in this case did not,” the judge wrote. The defendants in Jones were seeking Facebook posts and comments from the plaintiff from five years before the 2014 incident until … [Read more...] about Social media posts not always part of litigation
An Ontario judge has criticized the conduct of two personal injury lawyers as “shameful” in a dispute over less than $3,500.In Cozzi v. Sidiropoulos, lawyer Peter Cozzi brought a claim against Joseph Sidiropoulos, alleging he had failed in an undertaking to protect his account after the transfer of a file, as he had not paid the account. A client had retained Sidiropoulos to take over an action in which Cozzi had previously represented the client. Sidiropoulos argued that he understood his undertaking was contingent on Cozzi delivering a complete file on a timely basis so that the action could proceed, which Cozzi had failed to do. Ontario Superior Court Justice Michael Quigley found that Sidiropoulos had broken his promise to pay the account, but he dismissed Cozzi’s appeal, as his claim was not brought within a two-year limitation period. “This is a petty claim for less than $3,500 that has been taking space in our justice system for close to nine … [Read more...] about Judge blasts lawyers over $3,500 dispute
Recent changes to the threshold for motor vehicle accident claims are changing the landscape that can put parties at a disadvantage when it comes to trying to settle cases. At the same time, some juries, particularly those in Toronto, are assessing damages at less than the deductible, meaning that plaintiffs can walk away from court with nothing.The Ontario government implemented changes to the Ontario Insurance Act that makes it more difficult for people to recover general damages from motor vehicle accidents than any other type of injury case. Section 267.5 says that for a plaintiff to be entitled to general damages, they must meet a statutory threshold that the injuries must be permanent and cause a serious impairment of an important physical function.“What they’re looking to do is limit the availability of recovery for people involved in motor vehicle accidents if the injuries are minor,” says Samantha Iturregui, partner with Kelly Santini LLP in Ottawa, who has … [Read more...] about MVA threshold changes harder for plaintiffs?