SHIFTING MAINTENANCE OBLIGATIONS TO TENANT

Residential Landlord and Tenant Law in Ontario, including under the current Residential Tenancies Act, has long held that a landlord is responsible for maintaining a property notwithstanding any lease terms to the contrary. The law provides that a term of a lease that is contrary to the provisions of the Residential Tenancies Act is void. In a legally significant development, the Ontario Superior of Court of Justice has held that a landlord may require a tenant, in a lease with that tenant, to maintain the property with respect to snow clearing and that such a clause is not void as against the provisions of the Tenant Protection Act (predecessor to Residential Tenancies Act) which places the maintenance burden on the landlord. The application of the principle of this case will be interesting to follow with respect to more general maintenance requirements within residential apartments. Is this the beginning of residential landlords being able to shift the burden of property maintenance to tenants as a condition of leasing to them? See Montgomery v. Van 2009 CarswellOnt 182. Michael K.E. Thiele, Ottawa Personal Injury Lawyers

MILESTONE OF 12 YEARS REACHED

Last week marked Mr. Todd K. Plant's twelfth year as member of the Bar. Mr. Plant extends his appreciation for the well-wishes received and thanks his clients for making his career so rewarding. Ottawa Personal Injury Lawyers - Plant Quinn Thiele LLP - www.pqtlaw.com

LIMITATION PERIODS AND ACCESS TO JUSTICE

Mr. Marc Quinn, managing partner at Plant Quinn Thiele LLP, today celebrates 12 years at the bar with his law partners.  Upon being asked how access to justice has changed over the years, Mr. Quinn noted that in many ways the insurance industry has persuaded government to restrict the rights of injured persons to recover damages for their injuries.  The most significant change in this regard is that the time to sue has been changed from 6 years to 2 years.  This means that many personal injury victims will lose their right to compensation for injuries they suffer.  This change in the law highlights the fact that anyone injured in Ontario should immediately take advantage of a free legal consultation as offered by Plant Quinn Thiele and make sure that their rights are protected.  Given that missing a limitation period can prevent recovery every injured person should seek legal advice as soon as possible after the injury.  Ottawa Personal Injury Lawyers- Plant Quinn Thiele LLP - www.pqtlaw.com

Dog Bites - Ottawa Personal Injury Lawyers

For a good source of information concerning protecting children from dog bites see http://www.safety-council.org/info/child/dogsite.html.