Accident prevention

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Ontario Trial Lawyers Association Case Summaries – August 19, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA August 19, 2018 newsletter. Adatia v. Cassar, 2018 ONSC 4321 (CanLII) This is a motion for summary judgment by the Defendant on liability in an action arising from a motor vehicle collision – the Court provides useful comments for cross-examinations on affidavits filed supporting the motion.   Date Heard: June 7, 2018 | Full Decision [PDF] The Defendant brings this motion for summary judgment, asking the Court to determine the issue of liability in his favour [...]

Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA July 1st, 2018 newsletter. Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) The Court of Appeal determines whether the insurer properly terminated the policy of insurance on the vehicle at issue where the owner of the vehicle is not the named insured under the policy. Date Heard: November 9, 2017 | Full Decision [PDF] This action arose out of a catastrophic accident involving a vehicle owned by Peter Leonard. [...]

By | 2018-07-04T16:38:44+00:00 July 4th, 2018|Accident prevention, claims, General, Groundbreaking Law, Insurance Claims, Personal Injury, Singer Kwinter news|Comments Off on Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Do you have a Fire Safety Plan?

This week from October 8 to October 14, 2017, marks Fire Prevention week across Canada. This year’s theme is "Every Second Counts : Plan 2 Ways Out!" Do you have a fire safety plan for your home? If you have a fire, how will you get out safely? How will you get your loved ones out? Where will you meet to make sure everyone is accounted for? What steps have you taken to prevent fires from occurring or spreading in your home? Chances are if you are like most Ontarians [...]

GETTING LEGAL: Municipality Found Responsible for Bike Park Injuries

A recent Ontario court case found a municipality liable for an accident that happened at a public mountain bike park. In Campbell v. Bruce (County), the Court dealt with an accident that happened in Bruce County, when a 43-year-old man broke his neck while trying to cross a wooden teeter-totter obstacle called the "Free Fall". The man, who had extensive mountain trail experience, had gone to the park with his wife and two children. He completed an easy obstacle before attempting the "Free Fall", which required bikers to not travel [...]

GETTING LEGAL: Drinking and Riding – a bad idea, but is it illegal?

We were all taught from an early age to never drink and drive. But is it illegal to drink and ride a bicycle? The answer is actually not as straightforward for bicycles as it is for cars. Impaired operation of a motor vehicle is regulated under the Ontario Highway Traffic Act and the Criminal Code of Canada. There is a licencing system which teaches drivers who to drive and that drinking and driving is prohibited.  Police are empowered to conduct random spot checks looking for drunk drivers and can charge [...]

GETTING LEGAL: Brain Injury Awareness and Bike Safety

On our crowded Toronto streets, bicyclists inevitably face a higher risk of being involved in an accident compared to an occupant of a motor vehicle. Add to this increased risk the reality that the object into which the bicyclist impacts is either a 3,000lbs vehicle or unforgiving pavement and the results can be severe and devastating injuries.  While proper bike safety is always important all year around, its importance is especially highlighted in June during Brain Injury Awareness month in Ontario. According to the Ontario Brain Injury Association, brain injuries are the [...]

A Refresher on the Rules of the Road

As the days grow warmer and people start riding bicycles more regularly, it is important to refresh our memories on the rules for cyclists travelling on the road. At a minimum, adhering to the rules will help increase the safety of all cyclists. Accidents between cyclists and motor vehicles typically result in serious injuries, especially brain injuries, and are therefore more likely to result in law suits. In such cases, some fault may be attributed to the cyclist if he or she failed to follow the rules of the road, [...]

5 Things You Must Do After Being Injured in a Fall

5 Things You Must Do After Being Injured in a Fall Written by Shane Katz / Personal Injury / March 10, 2017 Large temperature fluctuations this winter have made conditions ripe for the formation of ice; with ice come slip & fall injuries. The laws of Ontario allow people who have suffered falls to pursue claims for damages when the slip was caused by negligence. To preserve your legal rights and collect the right evidence after suffering a fall on ice, there are a number of things that you should do. 1. Determine the Location [...]

GETTING LEGAL: Sharing the Road with E-bikes: What You Need to Know

Sharing the Road with E-bikes:  What You Need to Know Is an e-bike considered a motor vehicle? How does the law define an e-bike? Do I need to carry insurance or other documentation when I drive one? When riding along College Street in Toronto, you may have pondered one of these questions. Whether you own an e-bike or share the road with one, it is important to understand the rules for operating e-bikes and how they are classified under various laws in Ontario. Who is eligible to drive e-bikes and [...]

Cycling Safety for Kids

As summer vacation approaches, it is important to ensure your kids are safe while riding their bikes in the city. Children who are learning to ride their bikes are not always aware of and able to respond to dangers on the road. Ontario’s Ministry of Transportation has published a number of tips to help your kids bike safely this summer. These include to: Always have your child wear a helmet. A properly fitted helmet can reduce the risk of sustaining a head injury while riding. Helmets are also mandatory for [...]