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).

Working and Still Meeting Threshold Under Insurance Act

Under the provisions of the Insurance Act, you can only sue for personal injuries arising from a motor vehicle accident if you meet a high legal threshold: a serious permanent impairment. In a decision released a few days ago by Justice Morissette, the fact that the Plaintiff was able to work did not prevent her from meeting the threshold. The Judge found that the Plaintiff's perseverance at work exhausted all of her energy and thereby limited her ability to participate in her recreational and household activities. The threshold was thus met and her case was permitted to proceed. Contact Todd K. Plant, Ottawa Personal Injury & Motor Vehicle Accident Lawyer, regarding your case at 613-563-1131, Plant Quinn Thiele LLP, www.pqtlaw.com

Unlawful Confinement - Personal Injury - Damages

The Divisional Court of Ontario has upheld a lower court ruling holding the Hudson's Bay Company liable for unlawfully confining a customer who forgot to pay for a newspaper. The security guard was found to have had insufficient grounds to handcuff and hold the customer. In cases like this, the unlawful confinement may also constitute battery and assault and entitle the injured person to damages. Restraining an individual is possible by security guards in limited circumstances. However, all force used must be measured and reasonable. If the confinement is unlawful, the person detained will be entitled to monetary damages. Contact Marc-Nicholas Quinn, personal injury and accident lawyer at Plant Quinn Thiele LLP for assistance in cases such as these. 613-563-1131, www.pqtlaw.com

Affidavit of Documents - Personal Injury Action

The Rules of Civil Procedure require that all documents that have a semblance of relevance to an action be disclosed to the other side. At Plant Quinn Thiele LLP, we work with you right at the beginning to have your documents obtained and preserved for your case, should litigation be necessary. While this enables you to meet your legal responsibilities, it has the beneficial dual-purpose of having the evidence you will need to prove your case. Call Todd K. Plant at 613-563-1131 for a free consultation regarding your personal injury case. Ottawa Personal Injury & Accident Lawyers, www.pqtlaw.com

Slip and fall - trip and fall - responsible for your own fall? You can still obtain compensation - Ottawa Accident Law Firm

Regardless of the location where you fell, whether in a public place or at someone else’s private residence, if you were injured in a slip or trip and fall accident, you may be eligible to claim compensation from the owner, occupier or person responsible for the maintenance of the premises where you fell. If you are partially at fault for the accident, in most cases, you may still be entitled to compensation. In Ontario, being partially at fault still entitles injured persons to compensation.

In order to receive compensation, you must establish - with evidence - that there was some kind of negligence on the part of the owner or occupier of the property where you fell. We know what evidence you need to prove your case.

At Plant Quinn Thiele LLP, we have experience dealing with all types of injury cases. As personal injury lawyers in Ontario, we handle a large amount of slip and fall injury cases and insurers know that we deal openly, fairly and honestly with our cases and that we never give up. We settle cases every day. If settlement is not possible because of an unreasonable party, we are not afraid to commence legal action. We are as comfortable litigating as we are negotiating a settlement.

We can assist you in obtaining fair and reasonable compensation. Call Marc-Nicholas Quinn at 613-563-1131. PQTLaw, OTTAWA Injury lawyers.

Modified Objective Test for Informed Consent - Medical Malpractice

The Court of Appeal in a recent decision examined the legal test to determine whether a patient who sues her doctor had informed consent of the risks of the treatment \ surgery. The issue is whether the patient \ Plaintiff would have proceeded with the surgery had she been properly informed of the risks and whether her evidence on this point is inherently unreliable by being influenced by the hindsight knowledge of the adverse outcome. The Court of Appeal reaffirmed the modified objective test as set out by the Supreme Court of Canada in Arndt v. Smith, as this would protect against the danger of a purely subjective test. As the Supreme Court said in Arndt v. Smith, a purely subjective test could serve as an incitement for a disappointed patient to bring an action. The plaintiff will invariably state with all the confidence of hindsight and with all the enthusiasm of one contemplating an award of damages that consent would never have been given if the disclosure required by an idiosyncratic belief had been made. The modified objective test would be inherently more reliable in this regard. Todd K. Plant, 613-563-1131, Ottawa Personal Injury Lawyers, Plant Quinn Thiele LLP, www.pqtlaw.com