OTLA Blogs

Distracted Driving

Injured persons should seek advice from experienced trial lawyers regarding who is at fault for their accident. First, it was seat belts, then it was impaired driving, now, distracted driving. There are many forms of distracted driving that can arise in motor vehicle accident litigation. During the examination for the discovery process there will be […]

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Compensation for Injured Airline Passengers in an International World

What happens when passengers are injured or worse, killed during the course of international air travel? With over 90,000 flights taking off every day around the world and billions of passengers flying internationally every year, aviation technology has come a long way since the Wright brothers. Unfortunately, there is a cost for global travel that

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What is a Litigation Guardian? Who Needs One? Should I be One?

Becoming a litigation guardian is a significant responsibility. If you are considering acting as a litigation guardian, you should consult an experienced lawyer. Who needs a Litigation Guardian? Unfortunately, serious injuries can happen to anyone, including individuals who would legally be considered to be “parties under a disability”. A “party under a disability” is a

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Recreational Trails And Non-Urban Property Use: “Risks Willingly Assumed”

The Occupiers’ Liability Act informs the duty of care of owners of these types of properties. Imagine that it is a beautiful fall day, and you decide to go for a bike ride before the weather cools down. Cycling in a nearby wooded area, commonly used by your neighbourhood for outdoor activities, imagine your horror

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Who Pays for Car Accident Injuries?

When someone gets injured in a car accident, the at-fault driver who caused the collision is usually responsible for providing compensation to the injured victim. Fortunately, drivers carry insurance to protect them if they cause an accident and need to pay compensation to an injured person. According to the Compulsory Automobile Insurance Act, all motor vehicles

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How Insurance Companies ‘Defend’ Car Accident Claims

An experienced personal injury lawyer will be able to help counter these defence tactics on your behalf. If you’ve been injured in a car accident that was someone else’s fault, the law in Ontario, unfortunately, does not allow for automatic monetary compensation for your injuries and losses. The insurance companies that represent and defend at-fault

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A Primer on Constructive Dismissal: Don’t Wait Until It’s Too Late

Constructive dismissal occurs when an employee quits their job in response to an employer’s fundamental breach of an employment agreement. In doing so, the employee treats the employment contract at an end. After quitting, the employee may then sue the employer for wrongful dismissal damages as if they were wrongfully dismissed.  The court will need

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Accident Benefits and the Challenge of Chronic Pain

Claimants injured in a motor vehicle accident have access to benefits under their own insurance (or through another driver’s insurance policy, or the Motor Vehicle Accident Claims Fund) to help compensate for losses such as, but not limited to, medical and rehabilitative benefits, income replacement, lost educational expenses, attendant care and damaged clothing or medical

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Commercial Host Liability: Would You Like a Cab With That?

Commercial establishments in the business of serving alcohol must be aware of the legal responsibilities expected of them towards their patrons under the eyes of the law. For example, if a clearly drunken patron ends up leaving a bar after a wild night of binge drinking before getting into his/her car and attempting to drive

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