Stairs and steps in Ontario are regulated by law under the Occupiers’ Liability Act. According to section 3(1) an occupier owes a duty to take reasonable care to ensure persons on their property are reasonably safe.
The legal process can be frustrating and confusing to the layman, but a professional Hamilton lawyer such as Harvey Katz can help you navigate the legal landscape while working to achieve the best possible outcome for your legal issues. We have started this blog to familiarize our clients with how the law works in various scenarios so that they are better prepared if it does become necessary to take a case to court. Be sure to check back often for updates, or give us a call to schedule a no-obligation initial consultation.
If you are seriously injured in a car accident, there are many benefits available that a personal injury lawyer can help you apply for. One of these benefits is called ‘attendant care’ and it relates to services provided around the home.
In Ontario, most cases that arise from a slip, trip or fall will be pursued under the Occupier’s Liability Act, which is a law outlining the duty to take reasonable steps to ensure a property is reasonably safe. This law specifically replaced the ‘common law’ duty of occupiers that was developed by the courts.
As Plaintiff’s counsel you have to be ready to start presenting your case from day one. If your matter is proceeding with a jury, obtain a copy of the jury panel list from the sheriff at your court house. Have the file organized and ready to transport on the first day of trial. If you require televisions, projectors, screens or any other demonstrative equipment – do not rely on the Court to have it. Bring your own if you possibly can even as a backup to keep the proceeding moving smoothly.
Khill was acquitted of murder this week, but is also facing a civil suit over his actions that night.
Dan Taekema · CBC News · Posted: Jun 28, 2018 3:04 PM ET | Last Updated: July 8
The spouse and two daughters of Jon Styres are suing the man who shot and killed him for damages totalling more than $2 million, alleging Peter Khill shot the First Nations man twice as he "fled."
Court documents filed on Jan. 31, 2018 lay out the suit filed by Hamilton's Hooper Law Offices on behalf of Lindsay Hill and her daughters, age two and four.
Khill, a former Canadian Forces reservist, admitted he shot and killed Styres in Feb. 2016. He was found not-guilty of second-degree murder Wednesday after a two-week trial in Hamilton Superior Court.
Privacy is an important issue for everyone, and Plaintiffs must understand that beginning a lawsuit for personal injuries will lead to a loss of some privacy. As mentioned in previous posts, medical and employment records are always collected as part of a personal injury case. Your pre-accident health and employment status is something the Defendants have a right to know.
A common issue raised by clients in personal injury claims is how their close relatives or co-workers will be involved in their lawsuit. A close relative can sometimes bring a claim pursuant to the Family Law Act which has its own set of risks and rewards that should be discussed with a lawyer. This article is going to focus on those who do not bring a Family Law Act claim.
The threshold is a test used by the court to determine whether an accident victim should be allowed to recover money for pain and suffering, also known as “general damages”. The threshold is sometimes a controversial test, because even in a jury trial it is decided by the judge after the verdict has been delivered. Therefore, a jury may award a large amount of money but if the judge disagrees, and the Plaintiff fails to ‘meet’ the threshold, they will not be entitled to the money awarded by the jury. According to the Court of Appeal, “The legislation is clear: the judge must decide the threshold motion, and in doing so, the judge is not bound by the verdict of the jury.” (Kasap v. MacCallum, 2001 CanLII 7964 (ONCA))
If you have sustained an injury that is the result of the negligence of another person, you could have an action for damages. Your entitlement to damages begins at the moment you suffer your loss. However, as anyone who has brought a lawsuit before knows, you will not get paid for a long time.