The dog days of summer have arrived, and there’s no better way to enjoy them than in a backyard pool with friends and family. There’s something about being near a pool that immediately relaxes me. It’s well-known that being near water has a calming effect and helps reduce stress, and actually going for a swim enhances this benefit. Swimming is also an excellent form of exercise and can provide hours of entertainment for people of all ages — all from the comfort of your own home. A pool can also improve the aesthetics of your yard. Honestly, who doesn’t love a private oasis? Unfortunately, desp ..read more

As summer gets into full swing, Ontarians flock to our province’s many beautiful lakes and waterways. Water safety ought to be top of mind during these activities. Whether you are spending the day boating or taking a quick paddle in a canoe or kayak, wearing a lifejacket is essential. Neglecting this simple safety measure not only jeopardizes personal well-being but can also lead to legal consequences in the event of an injury. Are lifejackets required by law? Federal law mandates that every boat must carry a Canadian-approved lifejacket or personal flotation device (PFD) for each person onboa ..read more

As an experienced personal injury lawyer in Ontario (and an occasional cyclist myself), I understand the unique challenges cyclists face on our roads. The risk of severe injury is ever-present, and when accidents occur, the consequences can be catastrophic. This blog aims to shed light on accident benefit catastrophic claims, especially for cyclists who may find themselves navigating the complexities of Ontario’s insurance system. Understanding Catastrophic Impairment In Ontario, the term "catastrophic impairment" is a specific designation used within the auto insurance framework. This designa ..read more

I am a critical injury lawyer, not a physician. While I cannot provide medical advice, I can certainly tell you what I have learned after 30 years helping clients with brain injuries caused by car crashes, slip and fall events, falls from heights, assaults, sporting injuries, and in one memorable case, a hovercraft accident. The Glasgow Coma Scale One of the medical records that I always order is the ambulance call report, available whenever paramedics were deployed to attend to an injured person. All paramedics, as well as emergency room staff, are trained to administer the Glasgow Coma Scale ..read more

Co-Authored By Sanan ‘Sunny’ Mirza After completing an intense workout, you feel dehydrated and decide to walk to the gym’s water fountain. On your way there, you slip and hit your head. When you get up, you notice a trail of water leaking from the water fountain to where you fell. What recourse do you have? How about a scenario where you are pushing yourself to break a personal best, but on that last rep, the old damaged safety clip you were using from the gym breaks. The bar tilts one way and you end up injured. What can you do? The answer to the above questions is not straightforward and de ..read more

While the answer to every legal question is not, in fact, “it depends,” in this case, it does depend. There are no federal laws respecting bicycle use; however, for adults, the answer is no — you should not be riding your bike on the sidewalk in most Canadian cities. Cycling on sidewalks creates hazards for pedestrians, and bicycles are considered to be “vehicles” under provincial traffic laws. This means that cyclists are obliged to follow the same rules as other vehicles. They have to signal before turning, ride on the right side of the road and obey traffic lights and stop signs. Provinces ..read more

Co-Authored By Madeleine Cleland All municipalities in Ontario are responsible for maintaining their public roads, sidewalks, and bridges, crucial for preventing personal injury. They must ensure that they are in a safe and usable condition. So, if you trip, slip, or otherwise hurt yourself on a city road, sidewalk or bridge because it was not reasonably maintained, you may have a claim against the municipality where it occurred. But, suing the city is not as simple as you may think. Here are five things that you should keep in mind before you decide to sue the city for your injuries: You Have ..read more

As the sun comes out and the weather warms up, baseball season is in full swing! Baseball, encapsulates the thrill of competition, camaraderie, and athleticism. However, amidst the crack of the bat and the roar of the crowd, there lies an inherent risk: injuries. Although a non-contact sport, it is no surprise that baseball players are also susceptible to injuries on the field. What do you do when your child gets injured on the field? In a previous post titled, “My Kid Got Injured Played Hockey. Can I sue Someone? Who?” we discussed the principle of “assumption of risk,” which is equally appli ..read more

I have been helping accident victims for 30 years at Lerners. There is no call more heartbreaking to me than the ones I get after a motorcyclist has been injured. Here is what I wish every motorcyclist knew before they called me. INSURANCE COVERAGE You don’t have control over all dangers on the road, but you do have complete control over the insurance coverage you purchase. The most important thing you can do for yourself is ensure you have this insurance coverage: As much liability insurance coverage as you can afford because your own liability limits also protect you against an inadequatel ..read more

Co-Authored By Blaire Smockum Imagine riding your bike and not stopping at a stop sign. If a car hits you, you might both be at fault. That’s what contributory negligence is about — when more than one person did something wrong that led to an accident. A Little History A long time ago, people decided that if someone was hurt but also did something careless, they might not get as much help or money for their injuries. This idea has been around for a long time and is still used today. How Does It Work? To determine if someone was also careless, we ask, “Would this have happened if they had ..read more