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.