Introduction: There is nothing more Canadian than checking the weather to find out that it is the perfect conditions for a good old hockey game with your friends at the outdoor public ice rink. But who is responsible for ensuring the property maintenance of these public rinks? Ontario Occupier’s Liability Act: According to the Ontario Occupiers’ Liability Act, an individual who is injured from an accident occurring on a property is allowed to bring a claim against (1) the occupier of the property and (2) any independent contractor that was employed by the occupier to remove snow or ice on the ..read more

Times are tougher now for motor vehicle collision victims than ever before. The perpetually rising statutory deductible jumping from $41,503.50 in 2022 to $44,367.24 in 2023 and the increasing monetary threshold (the point where the deductibles no longer apply) increasing from 138,343.86 in 2022 to $147,889.59 in 2023 are but two of many examples. In Ontario, elderly victims injured in motor vehicle collisions may find themselves victimized again once by the onerous legislation and further by the lengthy, costly and exhausting litigation process. While there’s no easy solution in Ontario’s dys ..read more

In August 2022, an Ontario labour arbitrator decided that an employer’s age cut-off of 65 for long-term disability, did violate section 15 of the Canadian Charter of Rights and Freedoms but it was saved under section 1 of the Charter.[1] In making this decision, the arbitrator noted that setting the cut-off age at 65 was reasonable considering the nature and demographics of the employer and the fact that the cut-off was the result of collective bargaining.[2] This decision would be of particular interest to a growing group of people. That group is working individuals aged 65+ and employed indi ..read more

A substantial number of Ontarians do not declare their entire income. The underground economy amounted to $51.6 billion in Canada in 2016 and $19.7 billion in Ontario for the same year.[1] Certain industries like residential construction or the food trade are disproportionately represented among the underground economy.[2]  Individuals who do not declare their entire income range from a salaried waiter who might not declare tips to a contractor who provides a sizable number of cash transactions. Additionally, some individuals who do not declare their income may not be doing anything illeg ..read more

The treatment and management of chronic pain is complex. Part of the reason for this complexity is that the pain experience is deeply personal. Simply put, everyone experiences pain differently. Remarkably, our thoughts and feelings can affect our body’s chemistry and our response to pain. The same can be true for our behaviours (e.g., activity avoidance) and personal stressors (e.g., reduced social support). Our brain uses these inputs to decide whether pain protection is needed. In chronic pain, the areas of the brain that process danger signals become strongly connected and more easily acti ..read more

Guest Contribution Written By: Galit Liffshiz MA OT Reg.(Ont) and Geisty Shu OT Created in 1975, the Glasgow Outcome Scale (GOS) was intended to be a short and quick assessment that could be done face to face or over the phone, 6 months post-accident by any healthcare professional[1]. In 1981, the GOS was extended from 5 to 8 functional levels and is called GOS-E[2]. It is a functional outcome measure that evaluates the impact of traumatic brain injury (TBI) on clients’ ability from vegetative state to good recovery. As of June 1, 2016, the GOS-E has been used in Ontario, to evaluate whether a ..read more

When one hears the term “personal injury lawsuit,” certain damages will come immediately to mind, including loss of income or earning capacity and general damages. All these damages are important in helping a client return to a normal life as much as possible. At the same time, these are not the only potential fees payable. In certain cases, where a structured settlement is not chosen or mandated by the courts, gross-up and management fees may be awarded. While seemingly minor, they can significantly benefit a personal injury plaintiff. Below, we will discuss these fees andtheir importance . G ..read more

If you have suffered a personal injury through a fall, car crash or otherwise due to the negligence of someone else, you can hire a personal injury lawyer to recover money. In Ontario, your lawyer will begin an action using a ‘Statement of Claim’. Once the person you are suing has retained a lawyer, one of the first things they will want to do is learn about your claim. The most common forum for learning about your claim is called examination for discovery. The parties and their lawyers will arrange a time to meet for the examination. Before the pandemic this would be done in a boardroom, howe ..read more

‘Tis the season for holiday parties and get-togethers with friends and family. Between the eggnog and mulled wine, all may seem merry and bright, but there are several factors to consider before you host a holiday get-together this season. In certain circumstances, social hosts may be liable for the actions of their guests, even after the guests leave their property. The Supreme Court of Canada addressed this in Childs v. Desormeaux [2006] 1 SCR 643, where the Court implied that social hosts may be liable for a car accident if they provide alcohol with knowledge that the impaired guest would d ..read more

Ontario personal injury lawyers are well-versed in the role of a “litigation expert” – the expert who has signed a Form 53 and complied with all other requirements listed within Rule 53.03 of the Rules of Civil Procedure. The litigation expert’s involvement in the case has arisen solely as result of the litigation and for no other purpose. A litigation expert is typically the specialist you have hired to assess your client, provide a report, and then testify on your client’s behalf at trial. There is typically no pre-existing doctor-patient relationship, however, that does not mean treating ph ..read more