Background To Recent Changes To Personal Injury Law In Alberta

In October 2004, the legislation governing the compensation for soft tissue injuries was changed and the minor injury regulations were put in play.
The minor injury regulations limit the compensation for pain and suffering caused by minor soft tissue injuries to $4000. That amount has been adjusted for inflation to currently just over $4500. These regulations [...]

Notice Periods And The Challenges For Someone Making A Slip And Fall Claim.

One of the challenges of a slip and fall claim is determining which company owns or occupies a particular property.
When we become involved, we can do sub-searches of the property through the registry office and see who legally owns title to the property.In terms of a sidewalk or municipally owned parking lot, there’s [...]

How Owners Can Limit Their Liability

If a person has a slip and fall inside a particular store in a mall, the mall owner would be the owner of the property but that doesn’t necessarily make them the occupier.
The occupier would be the store that occupies that particular location. Generally speaking, commercial leases require the store to take [...]

Why It Is Important To See A Personal Injury Lawyer As Soon As Possible After A Slip And Fall

If you have suffered an injury as a result of a slip and fall, you should get the advice of a lawyer sooner rather than later.
One reason is because of the 7- and 10-day notice periods for registering an intent to claim. With such a short period of time available, it is [...]

The Use Of Experts In A Slip And Fall Personal Injury Claim.

One of the experts we engage is an engineer.
For example, if a person falls over a railing on someone’s porch, we need to determine if the railing was high enough and if it met the building code. We would have an engineer attend at the premises to determine whether or not the railing [...]

The Duties Of An Occupier To Provide Reasonable Safety Under The Occupier’s Liability Act.

We have in Ontario an act called the Occupier’s Liability Act, which defines the term “occupier” as a person who is in physical possession of a premises or a person who has responsibility for and control over the condition of a premises even if there is more than one occupant.
The occupier’s duty [...]

Contributory Negligence In A Personal Injury Claim.

Contributory negligence means that you, the injured party, have contributed to your injuries to some extent through your own negligence.
The court is entitled to split or apportion liability between two or more parties that might have some responsibility, so one could be the owner of the property or the occupier of the property. [...]

The Use Of Surveillance By Insurance Companies.

I tell all my clients, especially motor vehicle accident cases or any serious type of injury, that they will be under video surveillance.
They need to be very careful that they don’t overdo it and push themselves too hard. The one time they decide to try mowing the lawn or carry a few groceries [...]

Time Limits And Caps For Personal Injury Cases.

The Insurance Act of Ontario says that no person has a claim for insurance benefits unless they have a doctor certify that their injuries are severe, permanent, and disabling.
The doctor must also have expertise in the specific injury in order to certify.
The Court of Appeals has dealt with a number of these [...]

The Timing Of Making A Claim For Insurance Benefits.

The most common question I hear after someone has been injured in an accident is, “Do I have a claim?”
The answer is not an easy one for clients because they have to wait and see if they recover first. Or, if they don’t fully recover, their doctor is going to have to support them [...]

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