What is an examination for discovery? Personal injury cases examined by Ottawa car accident lawyers.

What is an examination for discovery? Personal injury cases examined by Ottawa car accident lawyers.

Fair Disclosure: In all law suits, one of the most important steps is the disclosure or examination phase. In any personally injury claim, there are documents needed to prove the elements of the case. For instance, an injured person must prove the existence of a standard breached by the person responsible for the injury/accident, called negligence; or prove breach of contract; often maintenance records are sought and must be disclosed potentially showing inadequate steps were taken to make the property safe or a motor vehicle accident report is obtained. Conversely, the owner of the property where a slip, trip and fall occurred either on ice or other slippery surface, will ask for medical documents proving the injuries were sustained.

Examination for discovery is a step in the court action which allows the parties to ask each other questions about any issue in dispute in the action; it is called an oral examination for discovery. The law on examinations will change in Ontario effective January 1, 2010. In most law suits, you will be required to participate to different degrees in the examination or disclosure step, either in writing or orally; If you are seeking compensation for personal injuries as a result of an accident (car accident, slip and fall or otherwise), you will be required to give evidence under oath about your knowledge of the facts on how you were injured and all of the events about the injury and accident. The examination for discovery is the who, what, where, why, when, how step. Many cases are won or lost by questions asked and answers given at examination for discovery.

The examination for discovery is a step that requires full, complete and fair disclosure of facts and documents about the case. In essence, the examination is a question and answer session and each party takes their turn asking and answering questions - all of which is recorded, under oath. The transcript of the examination can be used at trial. Prior to any examination, you need to prepare with your lawyer. At our Ottawa accident and personal injury law firm, we understand the intricacies and complexities of the examination process and we will protect your rights and interests. Call us about any questions you may have in relation to your personal injury case. Call Marc Quinn at 613-563-1131. Ottawa Car Accident and Personal Injury Lawyers. Plant Quinn Thiele LLP.

How to Claim Compensation in Car Accidents - Ottawa injury lawyers - Ottawa and East Ontario car accident lawyers

CAR ACCIDENTS - INJURY - WHEN CAN I CLAIM COMPENSATION - I'M AT FAULT, WHAT TO DO?

There are thousands of cases of car accidents on roads that take place each year, all over Canada, increasing it seems as the snow and ice accumulate. Car accidents can range from minor incidents, resulting in any small injuries to very significant accidents resulting in catastrophic and serious injuries. If you have been the victim of a car accident that was not your fault, you likely have a claim for compensation from the person responsible for the accident. If you are at fault, you have recourse against your own insurer for accident benefits. In order to assess your rights, you need to consult an accident lawyer who specializes in motor vehicle accidents and who possesses the skills, knowledge and experience needed to advance your claim properly.

Whether you are the driver, occupier, passenger, pedestrian etc..., you have the ability to pursue damages, compensation and/or benefits. If you have been involved in an automobile accident in any capacity: driver, passenger, pedestrian, etc... we can help determine your rights and interests and assist in claiming the compensation you deserve. We take on personal injury and car accident cases on a you pay only when we win basis. Call Plant Quinn Thiele LLP - Ottawa personal injury and car accident lawyers at 613-563-1131, Marc Quinn, Author and Lawyer.

Ottawa Car Accidents - Car Accident with No Insurance - The Motor Vehicle Accident Claims Fund - Compensation is Still Available

Car Accident with No Insurance - The Motor Vehicle Accident Claims Fund - Compensation is Still Available

In Ontario, if you are injured in a car accident and none of the drivers, occupants or passengers have insurance, you can still obtain compensation for your injuries. The Motor Vehicle Accident Claims Fund (MVACF) is considered to be the insurance of last resort for injured persons in Ontario in cases of motor vehicle accidents. The MVACF provides compensation to people injured in automobile accidents when no automobile insurance exists to respond to the claim. The major functions of MVACF are as follows: (1) to provide statutory accident benefits directly to persons involved in an automobile accident, who have no recourse to automobile insurance; (2) to provide compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle when no liability insurance exists; and (3) to recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible. At Plant Quinn Thiele LLP - Car Accident Lawyers in Ottawa, Ontario, we assess your rights and interests and locate whatever insurance is available to you in order that you receive fair compensation. Call Marc Quinn for a free consultation at 613-563-1131. Your Ottawa Car Accident Experts.

Winter, Ice, Slip, Trip, and Fall Accident Lawyers in Ottawa Help Injured Persons Receive Fair Compensation

Ice, Slip, Trip, and Fall Accident Lawyers in Ottawa Help Injured Persons Receive Fair Compensation

Most people don’t imagine falling due to a slip or trip and suffering serious injuries. Most people recover from falls and don’t get injured. However, slip and trip falls can occur anywhere and can cause serious injury. This time of year is particularly dangerous because of ice and snow and slippery surfaces. In a blink of an eye, falling can cause serious debilitating injuries which can adversely affect every aspect of your life. Some of our clients have been injured permanently and because of a slip / trip and fall are unable to ever return back to work.

You are entitled to expect that properties are maintained in a safe manner. A certain level of safety is expected and pursuant to the Occupier’s Liability Act of Ontario, owner and occupiers of property must keep their properties safe. If you have sustained an injury because the owner of a property failed to meet their obligations, Plant Quinn Thiele Slip and Fall Lawyers - Ottawa Injury Lawyers can help you ensure that the property owners / occupiers take responsibility for their negligence. We will help you obtain the compensation you deserve for your slip and fall accident claim.

If you or someone you know has been injured in a slip, trip or fall accident, contact Marc Quinn - PQT Law Firm - Ottawa personal injury lawyer. We are experts in the field of personal injury law. We have experience in dealing with personal injury cases and we settle cases. All of our lawyers provide a free consultation. Call Marc Quinn at 613-563-1131.

Ottawa Injury Lawyers Care About Their Clients - Parking Lot Slip and Fall - Ottawa Winters - Injuries in Parking Lots

Parking Lot Slip and Fall - Ottawa Winters - Injuries in Parking Lots

Suffering an injury can be overwhelming. In addition to recovering from the injury itself, you may struggle with finances caused by your inability to work while at the same time trying to find a lawyer willing to take on your case with no money to pay a lawyer. Finding the right lawyer can be confusing and frustrating. When in pain, it is easy to become overwhelmed. Your pain causes stress and that adds to your sense of helplessness. You may be worried about your future and wonder what is involved in pursuing damages as a result of your injuries. At Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers - Ottawa Accident Lawyers, we provide honest answers to all questions you have and we commit our agreements to writing. For injury cases, we charge you nothing unless you win and we put it in writing. Our personal injury lawyers receive ongoing training in the law, settlement and court procedure and communication skills with clients. We are prepared to sit down with you and explain your rights and the process, free of charge. If you like what you hear, you can hire us, if not, there is no charge and you leave with valuable information about your rights without the need to research everything you need on your own.

Personal injuries occur in many ways: you can be walking and trip or slip and fall or are hit by a motor vehicle while crossing the street; you can be a driver of a car hit from behind or a passenger injured because of a driver’s carelessness. You can trip and fall, slip and fall as a result of ice or snow or fall down stairs because of loose carpeting. No matter how you are injured, if someone else is at fault, we can help you get compensation for your injuries. That is what insurance is for. In a civilized society, insurance covers these types of claims and good insurers have no problem paying fair compensation to honest people who are unexpectedly injured because of their insured’s negligence.

Injuries this time of year often occur because of bad drivers resulting in car accidents or owners not properly taking care of their properties. Falls often occur in wet entrances of stores, walkways and parking lots. Parking lots during winter are a major cause of falls usually because the property owner has not shovelled or salted the parking lot or walkway enough.

If you are involved in an accident causing you personal injury, we can help. If you want a lawyer who cares, call Marc-Nicholas Quinn of Plant Quinn Thiele LLP - Ottawa Accident and Personal Injury Lawyers. Call us at 613-563-1131.

Low Apartment Vacancy Rate in Ottawa, Ontario

A booming housing market normally gives rise to increased vacancies as renters become owners. Statistics compiled by Canada Mortgage and Housing Corp. suggest that vacancies in Ottawa have only risen to 1.5% from 1.4% last year. The average rent of a two bedroom apartment in Ottawa has risen almost 3% to $1030 per month. Depending on one's perspective--from that of a landlord or a tenant--this trend may be viewed both positively or negatively. One thing is for sure though, this time represents a good time for landlord's to increase rents for units as they become vacant. Vacant units, for the most part, have no rent control and landlord's may charge whatever the market will bear for that unit. Recent experience suggests that in this kind of market landlords are becoming less tolerant of certain behaviours and the foibles of some of their tenants and are indeed proceeding with eviction steps at the Ontario Landlord and Tenant Board. Tenants and Landlords are increasingly represented by lawyers at the Landlord and Tenant Board. While the Landlord and Tenant Board proclaims a model that is responsive to self represented parties, the reality is that the informal hearing process and the packed dockets (long lists of cases to be heard) favours the position of those parties that retain lawyers experienced in the process. In many ways, the Ontario Landlord and Tenant Board's informal procedure actually prejudices the self represented party as the fullness of the case is not actually ascertained until it is too late. For the unrepresented tenant this late revelation manifests itself in eviction and homelessness. For landlord's, the strict requirements of the law and the technical issues pertaining to the burden of proof often results in a tenant, who has an experienced lawyer, having the landlord's case dismissed. The cost to the landlord is the loss of the $170 application fee and sometimes a permanent inability to evict the tenant for the grounds alleged which can include illegal acts, impaired safety, non-payment of rent, and interference with reasonable enjoyment of the premises by other tenants or the landlord. Landlord's and Tenants should be represented by experienced counsel at hearing given the seriousness of what is at stake.

Michael K.E. Thiele, Lawyer practicing extensively in residential tenancies law before the Ontario Landlord and Tenant Board.

MINOR INJURY CAP UPHELD BY NOVA SCOTIA COURT OF APPEAL - INJURED PERSONS

News
Court Upholds Nova Scotia’s Minor Injury Cap
Terri Goveia | December 15, 2009

Nova Scotia’s Court of Appeal has dismissed yet another challenge to the province’s $2,500 minor injury cap—upholding the cap at the same time a government cap review assesses its fairness.

In the Hartling v. Nova Scotia decision—released December 15—a Supreme Court panel set aside appeals to an earlier Supreme Court of Nova Scotia decision that deemed the cap constitutional. Chief Justice Michael Macdonald, Justice Jill Hamilton and Justice Duncan Beveridge dismissed the first appeal, which claimed the cap goes against the Charter of Rights and Freedoms, concluding “the enactment and its regulations are valid.” They denied leave to appeal on the second front—that the government extended the cap’s reach beyond legislative intention—“because there is no longer an arguable issue to be resolved.”

In making their decision, the panel underscored the cap legislation’s original intent—to reduce skyrocketing insurance premiums, not to protect accident victims, as the appellants claimed.

Similar cases
The panel’s analysis of the case—which involved appeals from accident victims and a girl who witnessed her father being hit by a car—acknowledged similar constitutional challenges in other provinces, and referred to the recent Alberta Court of Appeal decision.

And though the panel acknowledged validity to some of the appellant’s assertions—such as their claim that accident victims suffering from chronic pain, are treated differently than those with other injuries—they note that “it is not enough for the appellants to simply establish that their distinct group is disadvantaged,” they state in the decision. “Instead, to succeed they must go a step further and establish that their disadvantage reflects discrimination.”

They also determined that “there is no basis to suggest that those who do not meet the chronic pain definition will be automatically caught by the cap. Without this premise this aspect of the claim evaporates.”

The panel’s decision points out that the cap legislation still allows accident victims to find sufficient care and compensation, pointing out that “all other rights of recovery remain intact. These represent a variety of monetary awards, including claims for wage loss and other out-of-pocket expenses; the costs of future care; or, where a wrongdoer’s actions are particularly egregious, “aggravated” or “punitive “damages, together with a commensurate contribution towards the victim’s legal bill.”

Decision coincides with review
The Insurance Bureau of Canada welcomed the decision, which coincides with an ongoing provincial review of the cap. “It provides Nova Scotia consumers with a little more stability,” says Bill Adams, the IBC’s vice president, Atlantic. “It highlights the fact that the review needs to balance affordability with fairness.”

The province is looking at options to amend the cap, which it some accident victims are caught under unfairly. The Ministry of Finance is slated to release a discussion paper on the cap before Christmas, with an eye to draft legislation—if necessary—by spring 2010.

Throughout the review, the government “needs to be clear in what [they’re] trying to address, and [avoid] a flood of cap claims at higher levels,” Adams told CI December 15. “We believe the current system is working. We acknowledge that the government has expressed a long-standing concern and will collaborate with them to understand its concerns.”

Part of that collaboration: shared insurance claims data to inform any future decision on the cap, he says. “The challenge is for government to make the changes it wants to see regarding victims yet not create the instability that could see higher claims costs.”

The Ministry did not respond to CI’s queries for comment.


SOURCE: http://www.cdnins.com/news/news_151209_01.htm

Car Accident Kills Ottawa Teen reports Ottawa Citizen

OTTAWA — Two Ottawa-area teens were set to ride horses in the Carleton Place Santa Claus parade on Saturday, but they never made it.


Kyle Simpson, 19, of Ashton, was pronounced dead after his girlfriend’s car was struck head-on by a truck Saturday afternoon on South Lavant Road, just west of Highway 511 in Lanark Highlands Township. Simpson’s girlfriend, Amelia McInnes, 19, of Lanark Highlands, is in critical condition at an Ottawa hospital.


McInnes, who suffered severe head trauma, can’t speak to her family and is not yet aware Simpson has died. Her family wants to wait until she is well enough to ask about him.


“She squeezed my hand and fluttered her eyes, but she wouldn’t show me her pretty blues,” said her mother, Cheryl McInnes.


“I kept on saying, ‘Just show mommy your pretty blues.’”


The teens started dating in August and were inseparable. Simpson, who asked McInnes out twice before she finally agreed, became interested in riding horses because his girlfriend was a barrel racer.


They were going to ride in the Santa Claus parade with the Wicksteed Stable and Tack Shop.


Investigators are still trying to determine the cause of the crash.


Cheryl McInnes was following 15 minutes behind her daughter, but was stopped by police.


A member of the volunteer fire department told her a black Dodge, the same kind that her daughter drives, had been in an accident.


Emergency crews wouldn’t let her close enough to the scene to see her daughter.


Simpson’s family will say goodbye to their only son today at a funeral in Carleton Place.


A trust fund has been set up to help McInnes. Donations can be made to any Royal Bank under the name Cheryl McInnes.Source: Ottawa Citizen

Do I have a slip and fall case? Slip and fall on ice and snow in Ottawa

Do I have a slip and fall case? Slip and fall on ice and snow in Ottawa

Ottawa injury lawyer, Marc-Nicholas Quinn, settles slip and fall cases regularly. Slip and fall injuries caused by snow and ice are a particular difficult personal injury cases which present a number of legal issues. Ottawa winters can be brutal and very dangerous. With snow and ice, there are dangers on the roads and anywhere ice and snow are located. Ice can be hidden. Slip and falls due to ice and/or snow are the main causes of winter injuries we see. Injuries caused from slip and falls on ice and/or snow can result in permanent injuries and disability, and even death. The injuries can be minor but also very serious such as fractures, head injuries, concussions, brain injuries and more.

How does one fall on ice? Usually, even when keeping a proper lookout, a person can slip on ice which is concealed under snow. Ice is also not always visible. Black ice for instance is often barely noticeable and can easily cause car accidents and slips and falls.

Accidents caused by ice and/or snow are special cases. The Courts do not impose an absolute duty on property owners to keep their entire properties free and clear of ice and snow at all times. The Courts have also decided that property owners are not kept to a standard of perfection and certainty and cannot be the insurers of everyone and anyone who happens to fall. Instead, the person who fell must show that the property owner, occupier or person responsible for maintenance has failed in their duty to take reasonable steps to make the property reasonably safe. In some instances, the ability to claim damages is even more difficult because some owners, like municipalities, have statutory protections (higher standard of proof and special limitations that can cause an injured person to lose their right to sue) against persons who get hurt on their properties. Due to the complexities involved in slip and fall cases involving ice and/or snow, you should consult one of our personal injury lawyers. Call us to discuss your case. One of our experienced personal injury lawyers will explain your rights and explain the process by which you can obtain fair compensation. Consultations are free and most personal injury cases we accept are based on a no win, no pay agreement - you don’t pay unless we win for you. Call Ottawa injury lawyer and accident lawyer, Marc-Nicholas Quinn, 613-563-1131.

Ottawa Winters, Personal Injuries

It is that time of year where slips & falls and motor vehicle accidents are much more likely to happen. Anyone living in our great city knows that Ottawa winters are not for the timid, and some simple common sense principles, if violated, can impact their claims in the event of an incident. If you are walking during a snowstorm, wear appropriate footwear such as boots with a good grip. If you are driving during a snowstorm, practice defensive driving so that you do not cause an accident. If you have a drink, do not get behind the wheel at all. We assure you that the insurance companies will be asking these questions and more. At Plant Quinn Thiele LLP, we will vigorously pursue your claim arising from a slip & fall or a motor vehicle accident. Do not give the insurance companies any excuses to reduce or deny your claim! For a free consultation, call Todd K. Plant at 613-563-1131. Ottawa Personal Injury Lawyers. www.pqtlaw.com

100% FREE consultation. NO OBLIGATION. No fees until you win. Ottawa Injury Lawyers - Car Accidents in Ontario - Ottawa. Motor Vehicle Lawyers

100% FREE consultation. NO OBLIGATION. No fees until you win.

The time of year has arrived and we are seeing many more clients than ever who are injured in car accidents in Ottawa, Ontario, Canada. As car accident lawyers, we make sure that our clients receive fair compensation for their injuries sustained in motor vehicle accidents. We ensure that the insurance company negotiates a fair settlement with respect to the personal injuries suffered during the accident. We are committed to ensure that you are fairly compensated.

We help Ottawa and Ontario residents who suffer greatly after a motor vehicle accident. We help arrange for ongoing medical treatments, medical care and monthly financial compensation.

At Plant Quinn Thiele, LLP, Ottawa Personal Injury Lawyers, we focus on motor vehicle accident claims and compensation.

In personal injury claims, we do not charge a retainer or ask for upfront fees ever - there is no cost to you until we win for you. We offer consultations in our office, at your home, hospital or other location.

For more information or to arrange a free consultation please contact Marc Quinn at 613-563-1131 - Ottawa Car Accident Lawyers.

Highway 416 Pileup of 70 Vehicles

December 14, 2009, was a foggy, snowy, and slippery day on the 416. The early morning commute had a chain reaction accident resulting in approximately 70 vehicles becoming involved in a signficant collision. Personal injuries to drivers and passengers ranged in severity. The highway was closed for about five hours. Persons involved in this accident will be dealing with injuries and damage claims for the foreseeable future. Key to dealing with these claims is knowledge of the law as it pertains to motor-vehicle accidents in Ontario. Many of the personal injury claims will be resolved by the injured applying for Accident Benefits and receiving those benefits on a no-fault basis from their own insurers. For those more seriously hurt and whose injuries do not readily resolve the claim process will be more complicated and will normally require the assistance of a lawyer. At Plant Quinn Thiele LLP we have the experience and knowledge to guide the victims of motor-vehicle accidents through the claims process in order to obtain fair and favourable compensation for the losses sustained. Further information respecting the process of applying for insurance benefits and compensation for injuries is contained on our website at Pqtlaw.com.

Need an Injury Lawyer? Need a Lawyer? The Law Society of Upper Canada offers a Lawyer Referral Service for a $6 fee. Marc Quinn is a proud member

Need a Personal Injury Lawyer? Need a Lawyer? The Law Society of Upper Canada Offers a Lawyer Referral Service for a nominal fee of $6. Call 1-900-565-4LRS (4577). This service is one way the Law Society of Upper Canada offers Ontario residents access to justice.

The LRS will help you find a lawyer who practises in the area of law that meets your needs. The service can also help you find a lawyer who meets specific requirements such as speaking a certain language or accepting Legal Aid certificates.

Lawyers participating in the Service will offer you up to a half-hour free consultation. This consultation may be over the phone, or in person (the choice is up to the lawyer). During this time, you can ask:

◦How the law applies to your situation
◦How to use the law to solve your legal problem
◦How long the legal work may take
◦How much the lawyer will charge

After the consultation, you can decide if you want to hire the lawyer to work for you.

Is a wrist injury worth much in compensation? - Ask Ottawa Personal Injury Lawyer Marc Quinn

Is a wrist injury worth much in compensation? - Ask Ottawa Personal Injury Lawyer Marc Quinn

The full extent of injuries to a wrist is often underestimated by persons injured in accidents. Wrist injuries are extremely painful and can lead to long lasting permanent disability. Most everyday activities require the use of your hands and wrists. Physiologically, the wrist is quite complex and has several bones connected to each other with ligaments, the bones are called the scaphoid, the capitate, the hamate, the lunate, the triquetrum, the pisiform, the trapezium and the trapezoid. The wrist is connected to the forearm and often a wrist injury involves injury to the arm as well.

Wrist injuries include sprains (damage to ligaments holding the bones together) and fractures. Usually, a fracture will include one of the bones indicated or the two bones from the forearm being the radius and ulna. Sometimes, in addition to a sprain or fracture, there is also damage to the nerves.

Depending on the severity of the injury, in Ontario, wrist injuries yield general damages for pain and suffering anywhere from $15,000 to $50,000, in addition to all other damages available in a typical personal injury case.

If you have injured your wrist in an accident, you may be entitled to compensation. Contact us at 613-563-1131 - Marc Quinn - Ottawa Personal Injury Lawyer for a free consultation. You have the right to seek compensation and you should know your legal rights.

Back Injuries - When Should I settle? Ottawa Injury Lawyer Marc Quinn Offers Information

Back Injuries - When to Settle?

Back injuries can be very serious. Often, what seems to be a minor back injury becomes a traumatic long term injury which can disable someone and render them unable to work for years or even a life time. You should never settle your claim for a back injury (or any other claim for that matter) until you are absolutely certain of: (a) the type of back injury or injuries you have suffered; (b) the full extent of your back injury or injuries; and (c) how long it will take for you to heal; and (d) to what degree and length you will require ongoing medical and rehabilitative care.

Until these answers are available, you can not ascertain / determine the full value of your damages and fair amount of your claim and therefore you should not settle your case with an insurance company or directly with the person at fault for your injuries. Settlements are usually final and will prevent you from ever claiming more compensation for your claim in the future, even if your injuries worsen over time. In most cases, a settlement includes the injured person signing a full and final release of liability releasing the person at fault for your injuries from any future claims.

An experienced back injury lawyer can assist you with determining when you should consider settlement of your personal injury action or claim and can guide you through the settlement process so that you receive adequate and fair compensation.

Call Marc Nicholas Quinn at Ottawa Injury Lawyers - Ottawa Accident Lawyers - Plant Quinn Thiele LLP for a free no obligation consultation in regard to your back injury or any other injury. 613-563-1131 www.pqtlaw.com

Head and Facial Injuries - Fair Compensation - Ottawa Injury Lawyer Marc Quinn

Head and Facial Injuries - Compensation

Common causes of injury to the head or face include criminal assaults, injuries during sporting activities and motor vehicle accidents. Depending on how the injury was caused, you may have a claim for compensation based on the negligence of someone else or based on an intentional tort such as an assault. If your injuries are caused by a criminal act, you also have the right to claim compensation from the Criminal Injuries Compensation Board of Ontario in addition to claiming compensation from the person who caused you to suffer injuries.

If you believe you may be entitled to compensation for your injuries, you need to consult a lawyer without delay. In Ontario, there are time limitations which apply to claims for compensation. If you fail to meet the time periods, you will lose your right to commence legal action against the person or persons responsible for your injuries.

If you would like free advice without any further obligation from one of our personal injury lawyers, please contact Marc Quinn at 613-563-1131 - Ottawa injury lawyer - Ottawa car accident lawyer. Our Ottawa personal injury law firm offers a “No Win - No Fee” agreement in personal injury matters.

Transferring Maintenance Responsibility to Tenants

On November 16, 2009, the Ontario Court of Appeal allowed an appeal from a decision of the Divisional Court in the case of Montgomery v. Van. The Tenant Protection Act and now Residential Tenancies Act maintains that any provision of a lease that is inconsistent with the legislation is void. The Divisional Court held that a landlord could, via the lease agreement transfer the landlord's outdoor maintenance responsibilities (clearing walkway of snow and ice) to the tenant. On appeal, the Court of Appeal held that the maintenance responsibility could not be transferred to the tenant through the lease agreement as this was inconsistent with the legislation and hence is void. However, the Court of Appeal did allow that a landlord could contract with a tenant for maintenance so long as the contract for maintenance was separate from the lease and that it remained a clearly severable contractual obligation. This appeal decision restores the balance between the landlord's superior bargaining position and the usual residential tenant's automatic acceptance of terms demanded by landlords. It is clear now, that a landlord can not shift the landlord's obligations onto a tenant as a condition of renting.

Michael K. E. Thiele, B.A., LL.B. Practicing extensively in residential landlord and tenant matters.

Montebello Civil Litigation Conference

The personal injury lawyers at Plant Quinn Thiele LLP are active participants of the Civil Litigation Conference at Montebello each year, and this year is no different. Keeping abreast of the latest developments, along with collegiality with fellow lawyers and members of the Bench, come part and parcel with our commitment to excellence. Call Todd K. Plant at 613-563-1131 for a free consultation regarding your personal injury, insurance or civil litigation case. Plant Quinn Thiele LLP, Personal Injury Lawyers. www.pqtlaw.com

Examining Minors and Parties Under Disability

When an action is brought in the Court, the normal rule is for each party to examine the other in advance of trial. This process is called Examination for Discovery, and the questions and answers are recorded and transcribed. There are some exceptions to this, especially where the Plaintiff is a child with a disability. By way of example, should the insurance company for a Defendant bus company be able to examine the 10 year old autistic child Plaintiff who was subjected to a threat of beheading by the Defendant? The caselaw suggests that the Defendant should not be permitted to do so, for amongst other reasons, as there is a real potential of psychological damage to the disabled child. Todd K. Plant will pursue his client's personal injury claim and protect his vulnerable clients from being subjected to further trauma. Call Todd K. Plant at 613-563-1131 for a free consultation regarding your personal injury case. Todd K. Plant, Personal Injury Lawyer, Plant Quinn Thiele LLP. www.pqtlaw.com

Soft Tissue Injury - Ottawa Injury and Accident Lawyers Help

At Plant Quinn Thiele, LLP Ottawa Injury Lawyers, we see many clients with Soft Tissue Injuries. These types of injuries are very common and can be as devastating as any fracture or other injury.

Soft tissue injury is usually defined by damage to the soft tissue of the body and these types of injuries are often difficult to diagnose and treat. Soft tissue injuries are a sources of significant pain and disability for many of our clients.

The four main tissues that are affected by soft tissue injuries are the epithelial, muscular, nervous and connective tissues. Soft tissue injuries include strains, sprains, subluxations, repetitive strain/stress injuries, back and neck injuries etc... Soft tissue injuries are often mis diagnosed and many insurers have difficulty with settlement of cases involving soft tissue injuries since often there is limited medical evidence to prove the injuries.

At PQT Law, Ottawa Personal Injury Lawyers, we have the experience to address all of the special issues that arise in soft tissue injury cases. Call us for a free consultation at 613-563-1131, Marc-Nicholas Quinn - Ontario Accident and Injury Lawyer.

Privileged Witness Statement Must be Produced

In a personal injury action, certain documents may be claimed by the insurer as privileged and hence cannot be produced to the injured Plaintiff. However, there is a long-standing principle that the insurer must produce the "gist" or a "summary" of the witness statement they are claiming privilege over, to the injured Plaintiff - although the statement itself need not be produced. Sometimes, insurers will try to get around this requirement. In the case of Tiller v. St. Andrew's College, the Defendant took the position that a summary of the witness statement did not have to be produced to the injured Plaintiff as that witness was going to be produced at examinations for discovery and hence the Plaintiff could ask whatever relevant questions she wanted. The Justice in Tiller ruled that the Defendant was to produce a summary of the witness statement, notwithstanding that the witness would be produced for examinations. Costs were awarded to the injured Plaintiff for the motion. For a free consultation regarding your personal injury case, call Todd K. Plant at 613-563-1131. Plant Quinn Thiele LLP, Personal Injury Lawyers. www.pqtlaw.com

Drive-By Shooting NOT a Motor Vehicle Accident

The Court of Appeal in Russo v. Doe has followed the Supreme Court of Canada decision in Lumbermens. In the Russo case, the Plaintiff was injured in a drive by shooting. The Court of Appeal found that the injuries did not arise due to the Defendant's driving. Rather, the injuries were from the shooting, which was a distinct and intervening act completely independent from the use or operation of a motor vehicle. The shooting itself was determined to be a severable event from the use or operation of the motor vehicle. For a free consultation regarding your personal injury, motor vehicle accident case, call Todd K. Plant, 613-563-1131. Plant Quinn Thiele LLP, Personal Injury Lawyers. www.pqtlaw.com

Dog Bite Lawyer - Plant Quinn Thiele LLP - Ottawa Injury Lawyers

If you have been bitten or attacked by a dog, call Marc Quinn at Ottawa Injury Lawyers - PQTlaw.com. 613-563-1131. You may be entitled to compensation notwithstanding that the dog did not physically injure you. Compensation is also available for emotional and psychological injuries.

Injured at Work - What To Do?

The Workplace Safety and Insurance Board (WSIB) is part of an Ontario-wide system. The system is designed to help protect workers from injury or illness in the workplace, and to help them if they do suffer an injury. Most Ontario employers must have workplace insurance coverage by law. Employers pay the premiums for their workers and are not allowed to deduct them from workers’ wages. If injured at work, your WSIB claim will usually involve assistance from an adjudicator, nurse case manager and client care representative/account manager (source - WSIB web site).

Under the Workplace Safety and Insurance Act, you may be entitled to receive the following benefits: (a) loss of earings benefits - depending on the situation either full loss of earnings benefits or partial loss of earnings benefits; (b) health care benefits; (c) special health care benefits for very serious injuries; (d) non economic loss benefits in cases of severe impairment caused by a workplace injury; (e) loss of retirement income benefits; (f) survival benefits and (g) assistance with re-introduction into the workplace such as retraining.

In some cases, a person injured at work may have an entitlement to elect out of receiving WSIB benefits and instead commence court action against the employer and/or third party responsible for the injury. To learn more about your rights in cases of workplace injuries, call us at Plant Quinn Thiele LLP - 613-563-1131 (Marc N. Quinn). Ottawa Injury Law Firm.

Trip and Fall Injuries - Common Ways to Fall - Compensation

There are many hazards which can cause a person to trip and fall, resulting in personal injuries being sustained. No one expects to fall and be injured and often the slightest falls can cause the most devastating long lasting injuries (for example, significant back and head injuries can occur as a result of a simple fall). The most common trip and fall hazards are (a) protruding items on the floor (b) loose items on floors and (c) uneven surfaces. Trips can occur quite easily and often occurs while walking perfectly normally.

The issue in trip and fall cases is the same as in any other negligence claim. Was the fall caused as a result of the negligence of some else? If so, you may have legal recourse against the occupier and/or owner of the property in which you fell. Every occupier and owner in Ontario must take reasonable precautions to prevent persons using the property from being injured. The property must be reasonably safe for its intended purpose. If liability is shown, usually the liability insurer for the owner or occupier will pay reasonable compensation for the injuries sustained. At Plant Quinn Thiele LLP, we can analyse your case and assess all of the types of damages you may be entitled to. We will assist you in maximizing the compensation you deserve. Contact us for a free consultation. 613-563-1131, Marc Quinn, Ottawa Accident and Injury Lawyer.

I've Been Denied Long Term Disability Benefits. What Do I Do Now?

Perhaps as a result of the economic decline, we have seen more denials of long term disability claims. It is possible that insurers are experiencing (from their perspective) tighter margins, and hence a more "restrictive" approach to LTD applications. Regardless of the rationale, we have the experience to resolve your LTD claim favourably. We know what is needed to demonstrate to the insurer, and ultimately to the Court, that your claim should be allowed. For a free consultation, call Todd K. Plant at 613-563-1131 today. Plant Quinn Thiele LLP, Long Term Disability Lawyers, www.pqtlaw.com

Do “No Fee Unless You Win” Agreements Really Exist?

Do “No Fee Unless You Win” Agreements Really Exist?

In short, the answer is yes. In Ontario, the Solicitors Act allows personal injury and other lawyers to contract with clients offering no fee unless a settlement is obtained. At Plant Quinn Thiele LLP almost all of our personal injury files are opened on the basis of no fee being charged unless a settlement is obtained.

The term “No fee Unless We Settle” means exactly what it conveys. We will not charge you a fee unless we obtain a settlement for you. This fee arrangement generally applies only to personal injury cases and lawyers are prohibited from entering into such agreements in certain cases, such as in family law cases. A No Fee Unless You Win arrangement is called a “contingency agreement” and is allowed in personal injury cases. The fee is payable contingent on a settlement being obtained. These types of agreements are absolutely legal and for many clients, is the only way to access an experienced personal injury lawyer and only means to obtain justice and compensation for injuries sustained in an accident caused by the fault of another person. At Plant Quinn Thiele LLP, the No Fee Unless You Win is not simply an advertising gimmick, it is a promise we put in writing.

If you have been injured but do not have resources available to hire a personal injury lawyer, call us. As indicated, most personal injury cases we handle are on a No Fee Unless You Win basis. Call Plant Quinn Thiele, LLP, Ottawa, Ontario Injury Lawyers. 613-563-1131. Marc-Nicholas Quinn is a partner at PQTLaw in Ottawa and regularly writes articles on the subject of personal injury cases. He is an advocate for persons injured in accidents.

Marc-Nicholas Quinn Now Listed as Associated Alumni Mediator with the Mediation Centre of Southeastern Ontario

The partners of Plant Quinn Thiele, LLP are proud to announce that Marc-Nicholas Quinn, Personal Injury Lawyer and Mediator, is now listed as Associated Alumni Mediator with the Mediation Centre of Southeastern Ontario. To see his profile visit http://www.mediatecentre.com. Congratulations Marc. PLANT QUINN THIELE LLP Ottawa Injury and Accident Lawyers. 613-563-1131

What are the benefits of retaining an Ottawa Personal Injury Lawyer

What are the benefits of retaining an Ottawa Personal Injury Lawyer to assist you with a claim for compensation arising from a motor vehicle or car accident?
If you have been involved in an accident in Ontario be it in a car, truck, bus, SUV, APV, motorcycle or other moor vehicle, you need to consult an Ontario personal injury lawyer before you settle your case. You need to take steps immediately to protect and preserve your rights and interests. As an injured person, you are entitled to claim damages / compensation for your injuries.

When you consult one of our Ottawa injury lawyers, your questions will be answered and we can assist you with any documents that need to be filed with the insurance company. We can advise you of your rights and interests before you sign any documents. We can provide you with legal advice on the application of Ontario law to your case and discuss how to ensure you receive full and fair compensation. We can review and assess your case, free of charge, and review the facts and evidence for proper claims to be made. In motor vehicle accident claims, there are many factors to consider. For instance, we can assess if the other driver is liable (responsible) for the accident and your injuries and also assess third party liability, such as municipal liability issues for poorly constructed or maintained roads. There may have been road hazards that contributed to the accident. In personal injury claims, there are many issues to address and we look to all possible ways to recover expenses you incur and compensation you deserve for your losses and damages.

We review both past and future claims for damages and compensation such as loss of income suffered and to be suffered and care services you need now and in the future. If needed, we can hire experts to calculate your losses.

As your Ottawa/Ontario personal injury, accident and car accident lawyer, we will review and analyse the facts, investigate the issues, obtain facts from witnesses and gather all relevant evidence within our control.

We will handle all aspects of your case, handle negotiations and obtain a settlement if at all possible. Most cases WE HANDLE are settled out of Court. We work very hard on your behalf for obtain fair, just and reasonable compensation for you. For more information on how we can help you, call us at 613-563-1131: Marc N. Quinn, Ottawa-Ontario Injury and Car Accident Lawyer. Plant Quinn Thiele LLP. www.pqtlaw.com; www.ottawamediationservices.com.

Bus Driver Threatened to Cut Off Boy’s Head

On August 22, 2009, Todd K. Plant acting on behalf of his 9 year old Autistic client, successfully defeated a motion brought by the school bus company First Student \ Laidlaws. The school bus company asked the Court to strike out or dismiss the claim on the basis that it was "frivolous, vexatious and an abuse of the court's process". Justice Parfett rejected First Student \ Laidlaws motion to strike \ dismiss in its entirety and awarded our client his legal costs of the motion in the sum of $5,250.

The case is based on an incident whereby the school bus driver is alleged to have threatened to cut off the young disabled boy's head. The school bus driver is alleged to have then proceeded to remove the emergency axe located on the bus to further emphasize her threat. As a result of this incident, the boy suffers from nightmares, constant anxiety, fears of the dark, buses and shouting, has begun to soil himself, has become withdrawn and suffers from post-traumatic stress disorder.

To read about this case in the Ottawa Citizen, please go to:

http://www.ottawacitizen.com/health/driver+threatened+head+suit+alleges/1918325/story.html

At Plant Quinn Thiele, we represent children and disabled persons who need a voice and to have justice served. For a free consultation, contact Todd K. Plant, Plant Quinn Thiele LLP, 613-563-1131. www.PQTlaw.com

CAR ACCIDENT - MEDICAL EVIDENCE

During the last few months, I have had some clients consult me concerning a motor vehicle accident which occurred some many months ago but the clients have not received any medical treatment. Not obtaining medical treatment immediately after or very shortly after an accident can have a negative impact on your claim for compensation. The longer medical treatment is delayed, the less likely you can show that the accident caused the injuries claimed to have been sustained because of the accident. It is not uncommon for injuries to worsen after an accident, sometimes days or weeks later. However, there are very few injuries that can be reasonably claimed to have resulted from an accident many months earlier - it is possible, but making such a claim will be closely scrutinized. You will require medical evidence of the causation.

If, after an accident, you are not certain if you are injured, you should nevertheless seek medical attention and be examined. As said, it could take a few days or even weeks for you to feel pain. Often injuries are not apparent right after an accident and a health care provider can make an assessment and identify any injuries which you may have initially missed.

In many cases, reasonably, insurance companies will challenge injuries claimed months or even weeks after the incident which were not immediately identified and treated. The longer you wait, the more likely the insurance company will argue that the injury was not accident related.

Call us at Plant Quinn Thiele LLP - Ottawa Injury and Accident Lawyers. Marc-Nicholas Quinn. 613-563-1131

Todd K. Plant Receives Volunteer Certificate From Hillel Academy

Todd K. Plant is the proud recipient of a 2009 certificate of appreciation from Hillel Academy for his volunteer work and dedication. Well done, Todd!

Marc Quinn Receives OCSB Award

JUNE - 2009 - OCSB AWARD

In June, 2009, Mr. Quinn was recognized by the Ottawa Catholic School Board (OCSB) as a valuable volunteer and received the OCSB's Volunteers in Education Award in recognition of his significant voluntary contribution as a role model and educator to the students of the OCSB and the Catholic school community at large. Congratulations Marc from all of us at PQTLaw.

Mr. Justice Panet Remembered

The partners at Plant Quinn Thiele LLP are expressing their deepest sympathies to the family of Mr. Justice Panet. His Honour was a wise Judge but also a kind and gentle man, who garnered the respect of all who knew him. Given the great number of people who joined us today at the Notre Dame Cathedral Basilica, our sentiments are indeed shared widely.

Private Disability Insurer and Canada Pension Plan - Apply for Both?

Private Disability Insurer and Canada Pension Plan - Apply for Both?

If you become disabled because of illness or injury, you have the right to claim benefits from your private disability insurer and you should also apply for benefits under the Canada Pension Plan Act as a person who is disabled. Most private disability policies of insurance provide that you shall apply for C.P.P. benefits when granted or applying for benefits under the private policy. Most private policies of disability insurance will provide that any amount you receive from C.P.P. will be deducted from any amount paid to you under the policy. It is fairly clear that in most private disability benefit policies of insurance, when you receive disability insurance benefits, you must use all reasonable efforts to apply and obtain C.P.P benefits. If you do not, rightly or wrongly, your insurance company will deduct what you might have gotten from C.P.P. from the amount they give you.

The rules pertaining to C.P.P. disability benefits and entitlements change and the definition of disability is very specific. Therefore, it is imperative that when you apply for benefits, your treating physician provide a report which specifically addresses the test of disability under the disability benefits provisions of the Canada Pension Plan Act. Your disability must be severe and prolonged and render you unable to work.

The amount of the disability benefit form C.P.P. varies, depending on past contributions and the time you apply and are entitled to benefits. The amount we see paid regularly is about $600-$750 per month.

When the medical evidence provided to C.P.P. is not “good enough”, it usually means that the medical evidence is unclear, is subjective or does not meet the definition as described by your physician or based on the medical evidence filed to date. If you are denied C.P.P. disability benefits, you have the right to appeal and submit new evidence. If your private insurer denies you benefits, you have the right to sue them.

If you are denied CPP disability benefits, ensure that you file you appeal in time and obtain legal advice from our PQT Law Disability Law Group. It is critical to file appeals until you are successful. It is vital to obtain clear medical evidence that addresses the legal test for disability. Whether your private insurer has denied your claim of C.P.P. has denied your claim, contact Plant Quinn Thiele LLP for free legal advice - 613-563-1131 (Todd K. Plant or Marc-Nicholas Quinn).

Insurer's Claim Dismissed for Accidental Fire

In a recent Superior Court decision, an apartment building burned down. The insurer's expert gave an opinion that it was "most probable" that the tenant caused the fire by smoking on his couch and falling asleep, although other causes could not be eliminated altogether. The insurer sued the tenant. The claim was dismissed on the basis of the Fire Prevention and Protection Act which provides that no claim can be brought as a result of an accidental fire. The Court, relying on previous authorities, determined that a fire will be deemed "accidental" if it cannot be traced to a particular cause on a balance of probabilities. As the insurer could not establish on a balance of probabilities that the tenant was smoking or engaged in careless smoking, the claim against the tenant was dismissed. At Plant Quinn Thiele LLP, we afford our clients a vigorous defence against claims advanced by insurance companies. For a free consultation regarding your insurance or fire loss case, contact Todd K. Plant, 613-563-1131. Ottawa Personal Injury and Fire Loss Lawyers, www.pqtlaw.com

What is my injury case worth?

How much is my case worth?

There are numerous considerations and factors that enter into the valuation of your personal injury claim for settlement purposes. Some of the important factors include: (a) how long you need medical treatment for your injuries, (b) the nature of the injuries and treatment you received and will continue to receive, (c) the length of time you continue to experience pain and suffering, (d) the extent of your personal injuries, (e) the permanency of your injuries, and (f) the impact of your injuries on your life - physical, social, cultural, economic, mental, psychological, etc... These are some examples. At Plant Quinn Thiele LLP - Injury Lawyers, we will complete a full assessment of your injuries and even retain the assistance of experts ( at our initial cost ) whenever needed to help value your claim and assess damages. Contact us today at 613-563-1131. Marc-Nicholas Quinn. www.pqtlaw.com

Assaulted - Need an Ottawa Injury Lawyer?

ASSAULT IN OTTAWA - NEED A PERSONAL INJURY LAWYER REPRESENTING VICTIMS OF CRIME?

The Ottawa Personal Injury Law Firm of Plant Quinn Thiele LLP represents victims who have suffered from all types of injuries, including victims of battery (physical attack) and assaults (actions causing someone to feel fear). If you were battered or assaulted, we will aggressively and vigorously pursue your case with you and help you obtain fair compensation for your injuries. As an injured person, you have the right to claim damages form the person or persons who assaulted you and also claim compensation from the Criminal Injuries Compensation Board. We can help you obtain compensation and damages for your physical and emotional injuries.

If battered and /or assaulted, it is very important to contact a lawyer right away so that we can help you determine what evidence is needed, what evidence can be preserved, what limitation period(s) applies to your case and start pursuing the person or persons responsible for your injuries. Whether you are assaulted by a friend, spouse, family member, the police, security guard, neighbour, at a night club, at the office, in the street or at home or during the commission of another criminal act, we can assist you.

As in most personal injury cases, when assaulted, it is vital that the incident be comprehensively investigated right away and that you obtain evidence before it disappears such as videotape evidence, witness statements, police reports and photos of the physical injuries. We can help with protecting your rights. Contact Marc-Nicholas Quinn at 613-563-1131 - we can help you start your recovery from the assault and obtain compensation and justice. Www.PQTLaw.com Ottawa Injury & Assault Lawyers.

PQTLaw Personal Injury Team Settles Nearly 1 million in May-June, 2009

In May and June, the PQTLaw slip and fall and MVA team successfuly settled or adjudicated nearly 1 million dollars in settlements. Examples are as follows: MVA $105,000; MVA Accident Benefits $35,000; MVA $150,000; Slip and Fall $150,000; Simple Injury $25,000; Contract Breach $12,000; Broken Leg $90,000; Broken arm $65,000; FLA claim $50,000.

Need an Ottawa Dog Bite Lawyer?

Why Use an Ottawa Injury Lawyer - Dog Bites?

The reasons we recommend that you use the services of an Ottawa personal injury lawyer include the fact that at Plant Quinn Thiele LLP, our lawyers are specifically trained to deal with dog owner’s liability claims. You need an Ottawa injury lawyer who has experience and knowledge of the claims environment and process in dog bite cases to ensure fair and adequate damages are paid to you. Without proper legal assistance, your claim may be denied or you may receive much less than you deserve. There are strict laws affecting dog owners in Ontario and handling a dog bite case can be legally complex. We can help you receive the compensation you deserve and ensure the matter is settled to your full satisfaction. We offer you a “No Fee Unless We Win” agreement that means we take on your claim without being paid until you win - we only get paid if you do.

At Plant Quinn Thiele LLP - Dog Bite Lawyers, we are not stuffy, elitist and none responsive, we are real people who are lawyers who wish to help those injured in Ontario. We are accessible and willing to listen to your story. Call Marc Nicholas Quinn at 613-563-1131 for a free consultation.

Family Mediation Before Divorce?

Family Mediation Before Separation and Divorce?

Family Mediation is a process in which persons, usually spouses, attempt to reach agreement on issues which involve their family. The mediator is a neutral person who has obtained special skills and training to assist people understand the issues that arise in their situation. Mediation is not limited to spouses who are already separated. Family Mediation is a valuable tool for spouses who are contemplating separation but have not yet made the final decision to separate and divorce.

Family Mediation is a process that can assist all types of conflicts. For instance, Family Mediation can be used to settle disputes over inheritances, teen conflict, grand-patent or in-law conflict, sibling conflict, neighbour disputes, etc... In essence, if there is conflict, a Family Mediator can usually be of valuable assistance.

When considering using Family Mediation as a process to resolve conflict in situations where you are not yet separated, it is important to remember that Family Mediation is not counselling. Couples who wish to attend Family Mediation prior to making a final decision to finalize a settlement, should also attend counselling. Counsellors are specially trained to deal with marital conflict on an inter-personal level. Family Mediators are trained in the process of conflict resolution and cannot act as counselling, marriage or otherwise.

Remember, Family Mediation is a proven tool that assists couples deal with the issues arising out of separation and divorce. As Family Mediator, Marc-Nicholas Quinn can assist you in reaching agreement regarding: custody, access, child support, special and extraordinary expenses, spousal support, debt, property division, possession of the home, costs, etc... Marc-Nicholas Quinn is well trained as Family Mediator and can provide you with the needed legal information (not legal advice - this is provided by your lawyer) concerning many aspects of your separation and divorce.

Whether you have or have not decided to finalize a separation or are already in the middle of litigation, it is never too late to stop and embark on Family Mediation. Call Marc-Nicholas Quinn if you are interested in Family Mediation. www.ottawamediationservices.com --- 613-563-1131.

Insurer Ordered to Defend and Pay for Independent Lawyer

The Plaintiff sued the Defendant for injuries arising from an alleged assault. The Defendant had homeowner's insurance, but an assault would be considered an "intentional act" - which is not covered by the insurance policy. However, the Court agreed that the insurer had to defend because the Defendant was claiming a defence of "self-defence" - which is not considered an "intentional act" for the purposes of determining whether the insurer must defend. As well, given that there was a conflict between the insurer and the Defendant regarding coverage, which depended upon an aspect of the Defendant's own conduct, he was entitled to an independent lawyer at the insurer's expense. For a free consultation regarding your personal injury or insurance case, call Todd K. Plant at 613-563-1131, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

$95,000 Awarded in Ottawa for Soft Tissue Injuries

In the case of Watts v. Donovan, Justice MacKinnon awarded general damages of $95,000to the Plaintiff for injuries from her car accident. The Plaintiff suffered from whiplash, headaches, soft tissue injuries, chronic pain and chronic fatigue. The Plaintiff was limited in her capacity to engage in regular physical activities and had to pace her daily tasks to manage her pain. For a free consultation regarding your motor vehicle accident case, call Todd K. Plant at 613-563-1131at Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

Court Finds Insurer Waived Breach of Statutory Condition

In a case recently upheld by the Ontario Court of Appeal, the driver in a car accident had an elevated blood alcohol level and the passenger was seriously injured. The passenger brought an action for damages. The insurer unsuccessfully sought to limit the passenger's recovery under insured's policy on grounds insured breached statutory condition of her policy (blood alcohol level) which voided third party liability coverage. The Court held that the insurer's interpretation of policy was correct but that insurer's conduct from January 2002 to August 2005 amounted to waiver by conduct of insured's breach. For over three years, the insurer did not raise the potential coverage issue. In the context of the insurer electing to defend the action and taking many steps with respect to its defence over a three year period, it was obvious that passenger would be prejudiced if insurer was allowed to raise coverage issue three years into the action. For a free consultation regarding your motor vehicle accident claim, call Todd K. Plant at 613-563-1131. Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

Mediation - Why it Works - Ottawa Family Mediation

Mediation - Why it Works

When a marriage or relationship ends, the spouses must reach agreement on many issues, including property division, allocation of debt, security, home, spousal support, child support, child custody, parenting and access. In family mediation, you can privately settle all issues arising out of the dissolution of a marriage or relationship. Increasingly, spouses are turning to family mediation as a means to avoid the high costs associated with the more public and formal legal process of a divorce application or court application. Family mediation is a low-cost alternative to litigation which allows the parties to take control of the process by which they will resolve the issues arising out of separation.

Divorce can often lead to a loss of contact between parents and children. At family mediation, you can discuss and resolve issues such as the potential negative consequences of reduced contact between parent and child. Studies have shown that cooperation between the former spouses on parenting issues, despite the separation, can reduce the negative effects of the divorce on children. Most parents agree that this is important to them. Their children are what is most important.

Because parents value and cherish their children, family mediation has emerged in recent years as a much more suitable alternative to court proceedings. Mediation can be more effective in resolving issues, is less expensive, is focussed on direct client resolution that fits the family and can effectively prevent many custody disputes from developing into all out court battles which financially, emotionally and psychologically drains the family.

Contact Marc Nicholas Quinn, Ottawa Family Mediator to discuss how mediation can work for you. 613-563-1131.

Injury Law - Post-Traumatic Stress Disorder (PTSD) and Depression

Injury Law - Post-Traumatic Stress Disorder (PTSD) and Depression - Suffering a traumatic injury can have serious and long-lasting implications for an injured person’s health and recovery. In many cases, our clients suffer an initial traumatic injury and subsequently develop post-traumatic stress disorder (PTSD) and depression. It is very common for injured persons to also suffer from post-traumatic stress disorder (PTSD) and depression. It is also common for injured persons who also suffer post-traumatic stress disorder (PTSD) and depression to take longer to return to work. This additional loss in income is compensable and a claim for compensation can be advanced together with other types of damages such as pain and suffering damages.

We have seen clients develop post-traumatic stress disorder and depression as long as one year after the initial accident causing the injury. Both disorders impair activities of daily living, health, and ability to return to usual activities, including returning to employment.

There is treatment for post-traumatic stress disorder (PTSD) and depression such as psychotherapy and collaborative care interventions. Usually, but not always(depending on the particular treatment), OHIP will cover the cost of the treatment. If OHIP does not cover the cost, the cost can be claimed against the person responsible for the initial injury sustained. It is important to note that not all physicians know much about post-traumatic stress disorder (PTSD) and depression and effective screening and intervention is the key to identifying if you suffer from post-traumatic stress disorder (PTSD) and/or depression and receiving the needed treatment.

At Plant Quinn Thiele LLP, we focus on personal injury and we review issues such as post-traumatic stress disorder (PTSD) and depression and how it affects the damages you are entitled to receive. Call Marc-Nicholas Quinn at 613-563-1131 to find out more about what we can do to help you as an injured person in Ottawa or anywhere in Ontario.

Pre-Litigation Discovery

With any defective product case, the insurer may wish to examine and test the defective product before entering into settlement negotiations. The insurer would have that right should the matter be litigated, but there remains the concern about preserving the evidence for your own expert. This can be remedied by having the insurer agree to turn over the raw data of its testing, for use by your own expert. It is also helpful to bind the insurer to this round of testing being its final one, and that they do not get a "second kick at the can" under the discovery provisions of the Rules of Civil Procedure should the matter be litigated. These ground rules can avoid later misunderstandings and often lead to early settlement of the case without litigation. Contact Todd K. Plant regarding your defective product case at 613-563-1131, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

We are divorced, now what?

We are divorced, now what?

Each marriage is different. All divorces are different. If you have children, how you survive a divorce depends significantly on how you and your spouse are able to communicate following a mediated divorce.

At mediation, the significant issues between you and your spouse get resolved: Who gets the kids? When can I see the kids? What terms of access will I have? Who gets custody? What is custody? Will I get support for me? Support for the kids? How do we parent following our divorce? What about the house, do we sell it? What about our stuff, who gets it? How do we divide our assets? Who stays in the home while it is listed for sale? Who pays the debts? These issues can be resolved at mediation.

Divorces rarely end the relationship if children are involved. Once the terms of the divorce are finalized, with children, you still must maintain regular contact with the other party. Often, even if there are no children, contact continues. For instance, you may share mutual friends or work for the same employer.

At first it may seem impossible to believe that you can have a positive relationship after a divorce, because of the high tension, stress and acrimony felt during the process. It is difficult to imagine that you can maintain a working relationship after divorce. It is possible and many couples manage their relationship, especially when children are involved. In mediation, you can focus on post divorce relationship between you and your former spouse and your children; you can set ground rules for a respectful child focussed post divorce relationship.

Divorce is a painful and complicated process. As you consider starting a mediated, cooperative process, there are several factors to consider when looking at the post divorce relationship. There are logical, rational ground rules that may be established to assist you after divorce. For some people interacting together after divorce just makes sense and the process take on its own life. For others, communication skills training is the key. For others, having very clear boundaries is important (when you can call the kids, where you stay when you pick-up the kids (at the door, in the driveway), etc...). Children are the integral part of any relationship, before and after separation; parents share a common bond - they love their children. Most often, if you start with the premise that most decisions should be made in the best interests of the children, the terms of the ongoing relationship between spouses simply work out, with a little help from a trained mediator and an open good faith discussion.

We find the following questions are helpful: Do you agree that your children are worth the effort of arriving at a positive post divorce relationship? Consider the other option, no relationship or a negative relationship? Can you maintain some fundamental trust in each other to commit to maintaining a positive relationship for the sake of your children? Are you realistically able to work together after divorce? Do you recognize that you will each make mistakes and commit to work hard to overcome those mistakes?

If you answer positively to these questions, your mediator that can support you in achieving a successful transition to a positive post divorce relationship. Remember that the negotiation process itself will take time and probably many sessions. One of the benefits of mediation is that it is customizable to fit your circumstances and often referral to good counsellors if the key. As mediator, we can assist in developing the most efficient process for you.

Finally, remember that you are not alone. As mediators, we have worked with many couples who have successfully developed rules to guide their post divorce relationship. We have experience in what works and what does not work. We can provide guidance and options and open a positive discussion towards resolution of your particular issues. If you believe mediation is for you, call Marc-Nicholas Quinn, Mediator, Lawyer and Author - Plant Quinn Thiele LLP - 613-563-1131.

Eight (8) Common Mistakes When Handling Your Own Personal Injury Case - You Need an Ottawa Personal Injury Lawyer - Plant Quinn Thiele LLP

Eight (8) Common Mistakes When Handling Your Own Personal Injury Case - You Need an Ottawa Personal Injury Lawyer - Plant Quinn Thiele LLP

In our experience, these are some of the most common mistakes people make when handling their own personal injury case:

1. No Preparation: The client does not prepared for their initial meeting with the insurance adjuster. There are many steps to take prior to meeting with the adjuster. For instance: (a) get the facts straight so as to avoid errors in the facts or inconsistent statements; (b) obtain medical evidence, both of the injury and any prior health/injury issues; (c) know your rights and interests and (d) the ground rules for the meeting (Will it be without prejudice? Will you be asked to sign a statement? Will you be asked to sign release forms?).
2. No Consideration for Being At Fault: If you believe you may be partially at fault for the accident, you must obtain legal advice prior to any meeting with an adjuster. The law of contributory negligence is complex and can greatly reduce your monetary damages. Unless you prepare in advance with legal information you require in order to discuss this issue (with legal advice obtained in advance), you could severely jeopardize your claim.
3. No Regular Treatment: After an accident, you should consult a physician and continue to see your physician on an ongoing basis. You should receive regular treatment and follow-up so that the full extent of your injury or injuries are known and are treated. If you have ongoing pain, you should consult your physician at least monthly (consult your own physician to determine the frequency of visits needed for your particular injury / injuries).
4. Treatment by Too Many Physicians: More is not necessarily better. Some people believe that being treated by as many physicians as possible shows great injury and is therefore better than being treated by one or two physicians. In reality, you should be treated by only the physicians that are actually actively treating you for your injuries. The best course is to ensure you have a "family" physician and that you follow the recommendations of your family physician who will likely refer you to the needed medical experts. You should follow the advice of those medical / health experts. The worse thing to do is attend a series of walk-in clinics (with different physicians seeing you each time) who may not keep as concise and comprehensive notes as your family physician might. If you are unable to locate a family physician, select one physician at one walk-in clinic and see only that physician regularly (book your next appointment as you leave with that physician).
5. Agree to Independent Medical Examinations Without Knowing All the Facts: The insurance companies often use the same physicians to complete independent medical examinations. These are not your physician but specialists hired by the insurance companies. The report from such a specialist may well harm your claim. You will not necessarily know that your case has been jeopardized because the medical report of the specialist will not likely been given to you.
6. Agree to a Settlement without Legal Advice and/or Settle Prematurely: You agree to settle your case with a reduction for contingencies such as employment insurance, taxes, disability payments, contributory negligence, litigation risks, etc... These reductions, if applicable to your case, can be reviewed by your personal injury lawyer to ensure that they are fair and reasonable, allowed at law or applicable to your case at all.
7. Agree to take a Occupation Capacity Valuation or a Work Capacity Evaluation Without Knowing All the Facts: These valuations should be completed by a neutral company that specializes in this industry and who does not work exclusively for insurance companies. If properly completed, these valuations can prove your limitations such as inability to work and perform household chores etc.... In many cases, if the insurance company controls the process, you can end up with a bad report and the insurer will insist that you are able to work full time.
8. Do Not Keep a Journal of Treatment and Symptoms: If you do not maintain a journal of your treatments and symptoms you suffer from, you will likely forget the full extent of how the injuries affected you over time. You should maintain a regular pain journal written each day contemporaneously with your pain and symptoms which journal can be used to refresh your memory.

Call Marc-Nicholas Quinn at Plant Quinn Thiele LLP - Ottawa Personal Injury Lawyers. 613-563-1131.

Family Mediation - Benefits

There are many benefits in participating in family mediation: Generally, the benefits include: (1) where children are involved, the focus is kept on the best interests of the children at all times - children are the focus by which decisions are made; (b) the ability to resolve the issues directly by the parties as opposed to a Judge who has never met any member of your family and, in the absence of knowing you, must apply general principles of family law to make decisions. In family mediation, the outcome is your decision, not the Court's; (c) You have an opportunity to speak directly to your spouse or other involved person about the issues that concern you, in a safe neutral environment; (d) the mediator can assist you in learning better skills for improved communication and problem solving; (e) family mediation is much less expensive and than going to Court and litigating; and (f) the family mediation process is private. Call Marc-Nicholas Quinn, Ottawa Family Mediator. 613-563-1131. www.ottawamediationservices.com.

Ottawa Paramedic Spinathon for Leukodystrophy

Earlier this month, Todd K. Plant was a proud participant and sponsor of the 2009 Professional Paramedic Association of Ottawa Spinathon for Leukodystrophy. What a great cause and a great event. Way to go, Todd! To see Todd in action, go to our "Latest News, Legal Updates" link at www.pqtlaw.com Ottawa Personal Injury Lawyers, 613-563-1131.

Parking Lot in Strip Mall Not A "Highway" - Insurer Must Defend

A motor vehicle accident took place in a parking lot of a strip mall. The driver only had a G1 driver's licence and was driving alone. The insurer took the position that it did not have to defend as the driver was in breach of her obligations and the policy. The Court of Appeal in Shah v. Becamon ruled that a parking lot in a strip mall was not a "highway", therefore the driver was not in breach of failing to have a licensed driver accompany her while on a "highway". The insurance company was therefore ordered to defend and indemnify the driver. For a free consultation regarding your motor vehicle case, call Todd K. Plant at 613-563-1131 today. Ottawa Personal Injury Lawyers, www.pqtlaw.com

Title Insurance & Hold Harmless Agreements

Stewart Title entered into a "hold harmless" agreement with a solicitor for claims arising under the policy. However, when litigation ensued, Stewart Title refused to defend the solicitor, taking the position that they would only have to pay an eventual Judgment. The Court in Stewart Title v. Zeppieri found that "hold harmless" means more than merely indemnifying; Stewart Title was obliged to defend as well. At Plant Quinn Thiele LLP, we will hold the insurer to their obligations and obtain remedies from the Court if they won't. For a free consultation, call Todd K. Plant at 613-563-1131. Ottawa Personal Injury Lawyers, http://www.pqtlaw.com/

ANATOMY OF A CAR CRASH

At Plant Quinn Thiele LLP our lawyers often speak with car accident victims who have little memory of the accident. We often hear "it happened so fast". These same clients often remain unsettled by not having an understanding of the accident when that same accident caused great injury with permanent damage. To that end, we find that it helps victims to understand the great speed of an accident and that there really was little to be done to avoid it. Below is a timeline of the impact of a car accident. For the complete article see the citation at the bottom.

All over in the blink of an eye

This is a reconstruction of a crash involving a stationary Ford Falcon XT sedan being struck in the driver's door by another vehicle travelling at 50 km/h.

One millisecond equals 1/1000th of a second.

0 milliseconds - An external object touches the driver's door.

1 ms - The car's door pressure sensor detects a pressure wave.

2 ms - An acceleration sensor in the C-pillar behind the rear door also detects a crash event.

2.5 ms - A sensor in the car's centre detects crash vibrations.

5 ms - Car's crash computer checks for insignificant crash events, such as a shopping trolley impact or incidental contact. It is still working out the severity of the crash. Door intrusion structure begins to absorb energy.

6.5 ms - Door pressure sensor registers peak pressures.

7 ms - Crash computer confirms a serious crash and calculates its actions.

8 ms - Computer sends a "fire" signal to side airbag. Meanwhile, B-pillar begins to crumple inwards and energy begins to transfer into cross-car load path beneath the occupant.

8.5 ms - Side airbag system fires.

15 ms - Roof begins to absorb part of the impact. Airbag bursts through seat foam and begins to fill.

17 ms - Cross-car load path and structure under rear seat reach maximum load.

Airbag covers occupant's chest and begins to push the shoulder away from impact zone.

20 ms - Door and B-pillar begin to push on front seat. Airbag begins to push occupant's chest away from the impact.

27 ms - Impact velocity has halved from 50 km/h to 23.5 km/h. A "pusher block" in the seat moves occupant's pelvis away from impact zone. Airbag starts controlled deflation.

30 ms - The Falcon has absorbed all crash energy. Airbag remains in place. For a brief moment, occupant experiences maximum force equal to 12 times the force of gravity.

45 ms - Occupant and airbag move together with deforming side structure.

50 ms - Crash computer unlocks car's doors. Passenger safety cell begins to rebound, pushing doors away from occupant.

70 ms - Airbag continues to deflate. Occupant moves back towards middle of car.

Engineers classify crash as "complete".

150-300 ms - Occupant becomes aware of collision.

http://www.drive.com.au/Editorial/ArticleDetail.aspx?ArticleID=56781

Plant Quinn Thiele LLP, Michael K.E. Thiele, Ottawa, Ontario Personal Injury Lawyers

Production of Facebook & MySpace Pages

We have previously blogged on a recent Court decision seting out that information found on a litigant's Facebook page can be ordered to be produced in a civil action. We have followed the legal developments regarding this issue, and can now update our readers. The two very recent decisions of Leduc v. Roman and Kent v. Laverdiere stand for the two following principles: 1) Facebook and MySpace pages will be ordered to be produced if they contain material that has a semblance of relevance to the issues in an action; and 2) the party must list in their affidavit of documents all documents from their Facebook or MySpace sites that relates to any matter in issue in the case. Given the popularity of these social networking sites, we will endeavour to keep you posted regarding further caselaw as it develops. A good rule of thumb would continue to be: Be mindful of what you post on your Facebook or MySpace site; you may have to disclose it, explain it or have it possibly prejudice a future case. For a free consultation regarding your case, kindly contact Todd K. Plant, 613-563-1131,Ottawa Personal Injury Lawyer, Plant Quinn Thiele LLP, www.pqtlaw.com

The Right to a Jury Trial in Civil Cases - Constitutionally Protected?

While it has long been held that a Justice has the discretion to strike out a jury, a recent case has examined whether this is unconstitutional as contrary to the Charter. In Legroulx v. Pitre, Mr. Justice Power determined that this judicial discretion is not unconstitutional. In a proper case, a Justice may strike out a jury and the Rules & statutory provisions regarding this were not unconstitutionally vague. Indeed, it was reasoned, a Justice can be better equipped than a jury to deal with the complexities of a case in certain instances. This case has been appealed to the Ontario Court of Appeal, and we will keep you posted regarding this interesting development. At Plant Quinn Thiele, we recognize that your serious personal injury case may be appropriate to be heard by a jury. For a free consultation regarding your personal injury case, contact Todd K. Plant, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, 613-563-1131, www.pqtlaw.com

Even Insurance Companies Bound By Limitation Periods

We commonly post about limitation periods - the legal time limits to be able to take legal action. If you are involved in a motor vehicle or other personal injury incident, you can be sure that the insurance company will look to dismiss your claim if you miss the applicable time limit. Once in a while, we do get word of the insurance company falling victim to these time limits.

In Lombard Canada v. Royal Sun Alliance, a passenger was injured in a motor vehicle accident. A claim was made for accident benefits to Lombard, being the insurer for the vehicle \ driver. Lombard denied the claim, but took no steps to determine if there was any other insurer responsible for coverage and to take priority. Only later did Lombard discover the existence of another insurer that could respond to the claim, but Lombard did not put the second insurer on notice of this within the legislated 90 day time limit. Accordingly, Lombard was held solely responsible for the claim to the passenger as they missed the time period against the other insurer. If you have suffered serious personal injuries, contact Todd K. Plant for a free consultation at 613-563-1131. Plant Quinn Thiele LLP, Personal Injury Lawyers, www.pqtlaw.com

Occupiers Liability and Injuries

Slip, Trip and Falls - How to proceed?

If you suffer an injury from a slip or trip on any property, including on pavement or roadway due to a pothole or uneven paving or uneven walkway or because of something protruding in an aisle, you may be entitled to claim for compensation. Another accident example is slipping in supermarkets and other businesses due to a spillage or squashed produce on the floor.

You may be able to claim compensation whether or not you were injured on private or public land, property and premises. These types of accidents can occur anywhere and inevitable there is always someone to be held responsible for the lack of maintenance. Owners, occupiers and maintenance people and companies have a duty to ensure that property and premises are reasonably safe. Call Marc-Nicholas Quinn at Plant Quinn Thiele LLP, Barristers & Solicitors, Ottawa Injury and Accident Lawyers. We offer free consultations. 613-563-1131.

Personal Injury Claims and Requested Documents

It is at the initial stage of a personal injury case that you will be asked to collect and remit your documents that are relevant to your case - for income loss, your injuries, photos of the accident site and so on. Be mindful too that the insurer will be asking for these and other documents including police emergency room records, clinical notes of treating physicians and police reports to name a few. It is important to remember that these records will often record statements made by the injured person regarding the incident and their injuries. Keep this in mind before making such statements, as you can be sure the insurer will be looking for any inconsistencies! For a free consultation regarding your personal injury case, please call Todd K. Plant at 613-563-1131. Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

What does “contingency fee” mean?

What does "contingency fee" mean?

Most people are unable to afford to pay a lawyer $250 to $500 per hour to pursue their claims and are denied access to justice. Our law firm accepts most personal injury cases on the basis of a contingency fee arrangement. This means that you, the client, will not pay us anything unless you win your case. Our lawyers will handle all aspects of your injury case, complete all the research, undertake negotiations, gather evidence, prepare court and other documents, prepare for court and attend at trial and these services will not cost you any money unless you win your case. In many cases, we will even pay for medical reports and other expenses prior to your case settling and wait until your case settled to be reimbursed. Call Marc Quinn at Plant Quinn Thiele LLP at 613-563-1131 for a free consultation. Ottawa Accident and Injury Lawyers.

Drive-By Shooting NOT a Motor Vehicle Accident

The Ontario Court of Appeal ruled yesterday that a Plaintiff's injuries from a drive-by shooting did not arise "directly or indirectly from the use or operation" of the assailants’ vehicle as required for entitlement to insurance coverage under the OPCF 44R Endorsement (unknown \ uninsured motorist provisions of the Insurance Act, which thus allow you to sue your own insurance company for indemnity). The shooting was a distinct and intervening act completely independent from the use or operation of the van. Although the incident can indeed be characterized as a drive-by shooting, this characterization simply means that the vehicle "created an opportunity in time and space for damage to be inflicted" (see the Supreme Court of Canada in Lumbermens Case). This was not sufficient for the extension of coverage under the OPCF 44R Endorsement. Accordingly, since the shooting was a severable intervening event from the use or operation of the motor vehicle, the OPCF 44R Endorsement does not apply and the Plaintiff's claim was dismissed as against her own insurance company. Todd K. Plant, 613-563-1131, Ottawa Personal Injury Lawyers, www.pqtlaw.com

What is the insurance adjuster’s role in personal injury matters?

What is the insurance adjuster’s role in personal injury matters?

The insurance adjuster works for the insurance company that covers the loss for the person who caused you injury. The adjuster will take steps to establish (a) if there is an injury; (b) what your responsibility was, if any, in the incident that caused you injury; (c) what the responsibility of their insured was for the injury; (d) assess liability; (e) assess damages and (f) may attempt to resolve (meaning settle) the case. The adjuster may wish to ask you a series of questions to obtain information they need to investigate and review the case. The questioning is usually completed in the presence of your lawyer and the process is quite normal. Generally, it is not in your best interest to speak with an adjuster without having reviewed the details of your case with a personal injury lawyer who can explain your rights and interests and provide legal counsel to you on the process. In most cases, if the insurance adjuster is convinced that the injuries you sustained were as a result of their insured’s negligence, they will work with you and your lawyer to work out an amicable resolution of the claim. Call us for a free consultation. Marc Quinn, Plant Quinn Thiele LLP, Ottawa Injury Lawyers. 613-563-1131.

What is a slip and fall claim - accident? What is a trip and fall claim - accident?

What is a "slip and fall" and "trip and fall" claim?

A slip and fall claim arises as a result of an accident where someone slips and falls causing them personal injury. Similarly, a person may have a claim if they tripped and fell as a result of someone’s else’s fault, such as stairs with slippery or uneven surfaces, broken surfaces or missing handrails which may have prevented the fall.

There are many types of fall accidents. They include (a) trip and fall accidents (tripping on an object); (b) stump and fall accidents (tripping on an uneven surface where something protrudes from the surface); step and fall accidents (falling from placing your foot in a hole such as a pot hole or open man hole); and (d) slip and fall accidents (slipping on a slippery surface).

In cases of falls, the property owner, occupier of the property (such as a commercial or residential tenant) and any maintenance company or person (usually hired by the owner or occupier) can be held to varying degrees of responsibility for an injury.

In Ontario, every property owner and occupier who has control of the property has a responsibility to keep property safe for users. The injured person can also be held partially responsible for their own injuries (called contributory negligence) since all persons have a duty to watch where they are walking (as lawyers call it "maintain a proper lookout").

If you have been injured in an accident, contact Marc-Nicholas Quinn of Plant Quinn Thiele LLP to arrange for a free consultation. Personal Injury Lawyers - Serious Lawyers for Serious Injuries. 613-563-1131 (http://www.pqtlaw.com/).

Wrongful Death - Husband Awarded $50,000 in General Damages for Death of Wife (total damages exceed $100,000)

A cardiologist was found to be negligent causing the death of Plaintiff's wife. Damages for pain and suffering was assessed at $50,000. Other damages $15,941 pension loss, $14,261 for dependency claim, $3,000 for domestic services and $17,651 in funeral service costs were awarded. If you believe a health care provider has been negligent, contact us to review your case. Medical Malpractice Lawyers, Plant Quinn Thiele, LLP , Marc-Nicholas Quinn. 613-563-1131 - www.pqtlaw.com.

Disability Insurer Denies Coverage - Will Not Pay Benefits?

Ottawa Disability Lawyers : If you believe that you are entitled to payments from a disability insurer who is failing to pay benefits to you or are dealing with an insurer who is making the process unreasonably difficult, you have the right to commence legal action for recovery of benefits and address the insurer’s bad behaviour. We can assist you in determining your entitlements under the policy of insurance issued to you.

In the event you believe that your insurer has acted in maliciously or in a high-handed fashion, you may be entitled to claim and recover punitive and aggravated damages in addition to your disability benefits payable under the policy.

There are strict time limitations that apply in commencing any legal action against insurers. If you do not commence court action before the time expires, you will likely lose your right to commence an action.

If your disability insurer will not pay benefits properly due to you, you need a lawyer to advise you on your rights and to commence legal action. We can assess your case and assist you in obtaining the necessary medical evidence needed to convince the insurer that you qualify for disability benefits. Call Ottawa Disability Lawyers, Plant Quinn Thiele LLP for a free consultation at 613-563-1131. Marc-Nicholas Quinn.

Property - Business Owner - Concerned about liability? Business Liability and Insurance Reviews.

At Plant Quinn Thiele LLP, we represent owners of businesses concerned about liability. Our team of experienced insurance lawyers can complete an assessment, in complete confidence, of your commercial and insurance liability/coverage issues to identify and correct unreasonable exposures to liability. If you are concerned about insurance coverage issues and liability in your business, contact Marc-Nicholas Quinn at 613-563-1131 for a free initial consultation. PQTLaw Group - Insurance lawyers, Ottawa, Ontario.

What is a "tort"?

What is a "tort"?

It is not a desert. Academics debate about how to define the term "tort". The word "tort" is derived from the Latin word tortus which means "wrong". Un "tort", in French, also means a "wrong". In general terms, a tort refers to the principles in law which allow an injured person to seek compensation from someone who acted wrongly and caused injury. A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or their property. A tort is a civil law matter, not criminal. There is a legal expectation that persons will conduct their behaviour in such a way so as to not cause others injury. If the behaviour is wrong and causes injury to others, that person will be held liable for the injured person’s injuries.

The main purpose of tort law is for the wrongdoer to provide compensation to the person who suffered a loss or injury as a result of the wrongdoer’s behaviour. The aim is not to punish the person who is responsible, but for equity to prevail, specifically, compensation for the injured person. Simply put the wrongdoer should compensate the injured person and this ordinarily means paying a sum of money.

In Ontario, tort law comes from the common law (judge-made law) and statutes (see Occupier’s Liability Act, Dog Owner’s Liability Act and Insurance Act as examples). If you have been injured as a result of someone else’s wrong, negligent or bad behaviour, contact us to determine (on a free consultation basis) whether or not you are entitled to damages. Plant Quinn Thiele LLP, Accident and Injury Lawyers, Ottawa, Ontario. 613-563-1131.

Recommendations of FSCO Released

The release of the five year review of motor vehicle insurance by FSCO was released today by the Superintendent of FSCO. The report contains 39 recommendations for the reform of auto insurance. Significantly for innocent accident victims, the Superintendent's suggestions include: 1. Reducing the deductible on non-pecuniary general damages from $30,000 to $20,000; 2. Reducing the deductible on Family Law Act claims from $15,000 to $10,000; 3. Eliminating the $15,000 deductible on fatal accident claims; and 4. Revoking the regulation defining the verbal threshold. In sum, it would appear that this will increase access to justice by innocent accident victims. To discuss your personal injury \ motor vehicle accident case, call Todd K. Plant, Ottawa Personal Injury & Motor Vehicle Accident Lawyer, 613-563-1131, www.pqtlaw.com

City Found Grossly Negligent in Slip and Fall Incident

Plaintiff fell as a result of ice on municipal property and the municipality was found not to have met the standard of care of a municipality and the Plaintiff was entitled to damages as a result. The City was found not to have used its resources already in place to properly inspect and maintain the property and was thus grossly negligent. The Plaintiff was entitled to damages. At Plant Quinn Thiele LLP, we handle municipal liability cases regularly. There are special limitation periods that may apply to cases against municipalities. For assistance in cases against municipalities, please contact us at 613-563-1131 (Marc-Nicholas Quinn - Accident Lawyer - Municipal Liability Lawyer).