Archive for the ‘ civil litigation ’ Category

Think Twice Before Releasing the Hounds: Dog Bite Law in Ontario

dog_bite-570x325

The joy and happiness of dog ownership has been proven time and time again. However, with dog ownership also comes legal responsibly. After all, dog breeds of all shapes and sizes have the potential to inflict harm to other people or dogs and the legal consequences must be taken seriously.

In Ontario, the Dog Owners’ Liability Act R.S.O. 1990, Chapter D.16 (the “Act”) governs the law in relation to dog bites and attacks.

Read more

Injured on Municipal Property? Act Fast

images

 

 

If you are injured on Municipal property in Ontario, there are immediate actions that must be taken failing which you may lose your legal rights to claim against the Municipality. Read more

Words of Wisdom from an Insurance Defence Lawyer: What every injury claimant must know!

Andrew P. Laviolette is an insurance defence lawyer practicing with Brown & Partners LLP

Andrew P. Laviolette is an insurance defence lawyer practicing with Brown & Partners LLP

 

 

 

 

 

 

 

 

 

Lawbubble.com  is privileged to present our recent interview with Andrew P. Laviolette, a brilliant legal mind blazing a trail in the world of insurance defence.  For those considering starting a lawsuit for a personal injury matter, this interview will provide you with critical insight from the perspective of the insurance defence lawyer. Mr. Laviolette says it like it is so take note and prepare to be informed:

Read more

TRUTH ABOUT TRIALS: ARE THEY WORTH THE RISK?

trial

Contrary to popular belief, most legal cases will NOT go to trial. For those of you who expect a Hollywood style gut wrenching sweat-inducing drama to unfold every time a legal action is started, I’m sorry to disappoint you but you’re better off sticking to your television fantasies.

After all, more than 90% of cases will settle before trial in Ontario. Why might this be? Well, some of the risks of taking a case to trial may just be too great. Some of these risks are outlined below: Read more

NOTHING TO GAIN IF NO ONE TO BLAME

RED LIGHT

 

As an injury victim, the law will generally allow you to recover damages for your injuries if you can prove that they were caused by the fault of someone else. To use legal jargon, someone must be “liable”.

Where nobody is liable for your injuries, you are unlikely to be successful in recovering damages for your injuries no matter how badly hurt you are. After all, why would a court order someone to pay you compensation for injuries they were not responsible for?

For example, if you were hurt in a motor vehicle accident after driving your car through a red light and crashing into another car that was obeying its traffic light, it would be very unlikely you would be successful in advancing a claim for damages against the other driver no matter how badly injured you are. Read more

The Importance of Mitigation: Don’t be the Author of Your Own Misfortune


 

In the case of Ksiazek v. Newport Leasing Ltd., the Plaintiff was sitting in the passenger seat of her friend’s car about to make a left hand turn. Suddenly and with little warning, a pick up truck coming from the opposite direction abruptly turned into the front of the Plaintiff’s car.  The Plaintiff suffered several injuries including two fractured fingers, which required the insertion of pins accompanied by a cast. She also suffered lower back pain, a fractured sternum, soft tissue injuries, and depression amongst several other injuries. The Defendant admitted fault.

At trial, a substantial portion of the Plaintiff’s claim was for compensation relating to Past Income Loss and for Pain and Suffering.

The court awarded the Plaintiff compensation for each of these. However, the court noted the Plaintiff’s failure to mitigate her losses.  As such, it awarded her 25% less than what she would have been entitled to. Read more

Has Your Pet Been Injured or Killed?: Compensation for Emotional Distress on the Rise

 

Traditionally, pets have been treated as property under the eyes of the law. That being the case, a pet owner attempting to obtain compensation for the death or injury of his/her pet was limited to the fair market value of the pet at the time of loss, plus any related costs incurred (such as veterinarian bills etc.). Thoughts of even awarding a pet owner general damages for “pain and suffering”, “mental and emotional anguish”, or “loss of companionship” for their pet’s loss, death or injury was unheard of in Canada. A pet’s loss was seen as no different  than losing a  Laptop computer or other prized personal property. Read more

Suing For Dummies: Basic Things To Know Before Suing That Jerk


 

Starting up lawsuits are common occurrences nowadays. For the most part, the olden days of violence to solve money problems have been replaced with the Civil Justice System. Whether it’s collecting on a debt, or disputing a contract obligation, the following basic yet practical information may assist you in your next legal matter.

Read more

 
Skip to toolbar