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