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House Owner Liable for $1.3 Million in Damages for Fire-Related Death

In November 2013, 24-year-old Alisha Lamers lost her life in a fire that consumed the basement apartment in which she resided. The fire occurred in an illegal rooming house located in Toronto, where she had lived for just over one month, leaving her landlord liable for damages related to her death. Alisha’s Injuries Led to her Death As a result of the fire, Alisha suffered two cardiac arrests during her transport to Toronto Western Hospital, extensive 2nd and 3rd-degree burns over more than half of her body, and suffered extensive brain injuries. An investigation by the Office of the Fire Marshal revealed numerous...

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Court Upholds Award for Brain Injury Victim

In June 2011, 13-year-old Sarah Little of Barrie jumped from the rear emergency exit of her moving school bus. Sadly, this unofficial last day of school tradition resulted in a serious brain injury. Court records reveal that Sarah will never be able to care for her own needs or obtain gainful employment. Sarah’s mother has given up her bridal shop business to care for the now 20-year old. The Impact of the Fall As a grade 8 student at Guthrie Public School in Oro-Medonte, Sarah had the ability to open the bus doors while riding home with her twin sister that day....

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How to Protect Your Rights after a Car Accident in Mississauga

Car Accident - How to Stay Ahead of Unforeseen A car accident is invariably a stressful and overwhelming situation. After the chaos of an accident scene and getting medical attention, the last thing an accident victim needs to deal with is the other driver’s insurance company. Insurance companies have armies of claims adjusters and lawyers who are trained to reduce the value of your claim. You should not have to fight these professionals while recovering from painful injuries. Call Nanda and Associates at (905) 405-0199 to schedule a consultation with one of our Mississauga car accident lawyers. We have helped many...

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Driving Impaired – Think Twice Before You Get Behind the Wheel

With the holiday season in full swing now, parties are underway everywhere. Avoid consuming alcohol or drugs that can impair your ability to safely operate your vehicle. Avoid drinking unless there is a designated driver to safely drive you home or call a friend, or a taxi or plan to spend the night out. The Ontario Ministry of Transportation recommends that the best way to avoid impaired driving is not to take a chance. According to Mothers Against Drunk Driving (MADD) Canada, an average of four people are killed each day in crashes involving alcohol and or drugs. There can be...

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Ontario Court Awards $200,000 in Sexual Assault Civil Lawsuit

On August 20, 2018, in a landmark judgement, the Ontario Court of Appeal upheld that no breach of trust is not a reason for modest damages in a sexual assault lawsuit. In this case, Zando Vs Ali, a male doctor sexually assaulted a female colleague. A total of $200,000 was awarded to the plaintiff which included $25,000 in punitive damages and $175,000 in general damages. Pre-judgement interest and legal costs amounting to $480,000 were also ordered payable to the plaintiff due to significant delays in going to trial. Justice Katherine va Rensburg held that the sexual battery charges are awarded for not...

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Owner and the Named Insured

Auto Insurance Policy - Similarities between the Owner & the Named Insured Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) Case Facts This case was between the Minister of Finance, Ontario and Traders General Insurance. In this circumstance, there had been an accident of a vehicle which was owned by Peter Leonard. Traders General Insurance was the auto insurer of the vehicle and sent a policy termination notice to Anne Leopard, the ‘named insured’ under the auto insurance policy. But, the vehicle was not owned by the named insured under the policy. Peter Leonard owned the Hyundai motor vehicle in which...

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Waivers: Occupiers Liability Act vs. the Consumer Protection Act

We’ve all done it: engaged in some risky activity like skiing, been asked to sign a waiver, skimmed through it quickly, signed, and thought little about it as we enjoyed ourselves on the slopes. But did you know that the waiver you signed can have serious implications for yourself and for the company operating the service? Below we will help explain what a waiver is, what some of the implications of signing a waiver are, and recent clarifications to the laws that apply. What is a “waiver of liability”? A waiver of liability has two basic purposes. The first is threefold:...

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Rowan’s Law – A Law Protecting Young Athletes from Concussions

Ontario has passed a new bill that will protect amateur athletes and educate coaches about the danger of head injuries. The first of its kind in Canada, the new concussion safety legislation was passed with all-party support on Tuesday March 27th; such unanimous consensus is rare, suggesting a shift in social and political awareness of sports related injuries. The bill will be named “Rowan’s Law” to honour the memory of 17-year-old Rowan Stringer, who died in 2013 after suffering multiple head injuries while playing high school rugby. Rowan’s father, Gordon Stringer, said he hoped that this new legislation would encourage reform...

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Toronto Public Works committee weighs motion to reduce ‘dooring’

When Toronto’s city council voted in November to make the new Bloor Street bike lanes permanent, cycling advocates were faced with a strange reality: Toronto is slowly becoming a more bike-friendly city. However, as more people opt to commute to work via bicycle, personal injury lawyers are bracing themselves for an uptick in cycling accident cases. For example, more than 170 cyclists have reported being ‘doored’ in Toronto this year. Dooring is a familiar danger to all urban cyclists. It occurs when a motorist opens the door of a parked vehicle and strikes a passing bicycle, potentially causing serious injuries. In...

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