Periodically I am contacted by someone who has been a victim of a criminal offence. As a personal injury lawyer my job is to obtain compensation for the victim for the damages caused by the criminal. In addition to the civil remedies (e.g., filing a lawsuit, questioning the perpetrator at discovery, etc.) there is also a little-used section of the Criminal Code which can be very effective in obtaining at least partial compensation for victims of crime.
LAW RESOURCES & NEWS
Is the City of Hamilton liable for car accidents on the Red Hill Valley Parkway? The legal implications of the newly released engineering report from 2013.
Litigation cases are taking too long to move through the system. Ontario had to find a way to relieve some of the backlog that has been piling up and straining judicial resources. In 2018, I had the pleasure of participating in a case management pilot planning group chaired by Chief Justice Strathy, that also included members of the judiciary, the Ministry of the Attorney General, the Ontario Bar Association, the Advocates Society, the Law Society, and others, with the goal of examining support to explore utilizing a one judge model here in Ontario.
Between now and February 15, 2019, the Ontario government is looking for public feedback about how to reform car insurance in the province. Unfortunately, their focus seems to be exclusively on reducing premiums, rather than ensuring fair benefits for injured people. Like so many governments before them, the fear is that they will try to reduce rates by cutting benefits for accident victims even further, and by making the process to claim benefits even more difficult.
Annually, we Canadians gear up for our winter experiences, many of which are fraught with danger. It seems in many years winter is upon us in a flash and we’re just not ready or prepared for what winter has to offer. We all know what those hazards are but often forget especially at the start of the season.
With the warm and sunny days of summer behind us, many Canadians are planning tropical vacations to get a break from the impending harsh winter weather. Many of these trips will go off without a hitch but, for some, things can go very wrong and serious injuries can occur. We are often consulted by injury victims upon their return to Canada to determine whether they have a viable claim, or lawsuit, arising from the injury. The question of whether they can be compensated is complex and involves an entirely different analysis than if the injury had occurred in Ontario.
S.C.C. LIMITS THE SCOPE OF LIABILITY IN CASES WHERE INDIVIDUAL IS INJURED FOLLOWING A THEFT ON BUSINESS PREMISES
RANKIN (RANKIN’S GARAGE & SALES) V. J.J., 2018 SCC 19 Canadian case law had not previously established a clear guidance on whether a business owes