Sunday, May 2, 2010
Ottawa Mediator Marc Quinn Presents Paper at Conference
Congratulations to Marc Quinn, Lawyer and Mediator, for his excellent presentation of : “Top Twelve Mistakes Made by Lawyers and Representatives in a Mediation Session and How to Handle Them - How to Use Mediation Skills to Hold the Parties Together in Difficult Mediations” presented at the Spring 2010, Mediation Centre of Southeastern Ontario, Certificate Program of Interactive Training Workshops on Alternative Dispute and Conflict Resolution - Mediation Skills held at the Donald Gordon Conference Centre, Queens University. Excellent work Marc.
Thursday, March 4, 2010
Facebook & Personal Injury Law
In a motor vehicle accident case, the Plaintiff sued her insurance company as she claimed that she was unable to do heavy housework, tend to her garden, snowmobile, go horseback riding and play tennis, golf or "winter sports" as she used to. Her insurer, Royal & Sun Alliance, brought a motion without notice to the Plaintiff for an Order that she preserve the contents and photos on her Facebook page, and then hand them over to the insurance company, including the parts of her page was set to "private" that could only be viewed by her 67 approved friends.
Mr. Justice David Price denied the insurer's request, ruling that Royal & Sun had failed to prove the page included relevant material, such as photos showing the Plaintiff engaged in physical activities. The Judge also chided the insurer for coming to Court without having first even asked the Plaintiff to produce these documents. Although the Plaintiff was not Ordered to produce the contents of her Facebook page, the Judge did permit the insurer to examine the Plaintiff and ask her questions about her facebook account which may, if relevant, lead to her having to disclose contents of her Facebook account.
Todd K. Plant, Personal Injury Lawyer at Plant Quinn Thiele LLP, has the experience and knowledge regarding personal injury, motor vehicle accidents, disclosure and how social networking sites such as Facebook can impact your case. If you are claiming to be injured and unable to perform physical activities, then there logically should not exist any photos of you doing so and hence they would not be posted on Facebook thereafter.
To consult with Todd K. Plant about your personal injury \ motor vehicle case, contact him at 613-563-1131.
Mr. Justice David Price denied the insurer's request, ruling that Royal & Sun had failed to prove the page included relevant material, such as photos showing the Plaintiff engaged in physical activities. The Judge also chided the insurer for coming to Court without having first even asked the Plaintiff to produce these documents. Although the Plaintiff was not Ordered to produce the contents of her Facebook page, the Judge did permit the insurer to examine the Plaintiff and ask her questions about her facebook account which may, if relevant, lead to her having to disclose contents of her Facebook account.
Todd K. Plant, Personal Injury Lawyer at Plant Quinn Thiele LLP, has the experience and knowledge regarding personal injury, motor vehicle accidents, disclosure and how social networking sites such as Facebook can impact your case. If you are claiming to be injured and unable to perform physical activities, then there logically should not exist any photos of you doing so and hence they would not be posted on Facebook thereafter.
To consult with Todd K. Plant about your personal injury \ motor vehicle case, contact him at 613-563-1131.
Saturday, January 30, 2010
Car Accident Lawyers - Ottawa Accident Lawyers - Snow Ice
If you have been involved in a motor vehicle accident, let us help you. Personal injury is what we do. Our team of motor vehicle accident lawyers are ready to help. Call Marc Quinn at 613-563-1131.
Trip Slip Ice Snow Falls Ottawa Injury Lawyer Explains Your Rights
Snow and Ice Cases in Ottawa, Ontario - Ottawa Injury Lawyers
As one can imagine, in winter, there is an extremely high incidence of personal injuries resulting from falls on ice and/or snow. Personal injury claims in Ottawa, Ontario against owners and occupiers during the winter most often arise from ice and snow incidents. The usual allegations are improper (or no) maintenance of property, causing snow and/or ice to accumulate, causing a danger which causes someone to slip and fall, injuring themselves in the process.
In Ontario, there are limits imposed when advancing claims for injuries resulting from falls on snow and/or ice. Unless an injured person advances a claim in court (commences a court action), within the limitation period prescribed, the claim will be lost forever. Many claims are virtually eliminated based on missed limitation periods.
Other limits on claims include the location of the fall. For instance, claims where someone fell on municipal sidewalks in winter is harder to win than claims where someone fell on private property. The difference is proving simple negligence versus gross negligence in some cases.
Falling as a result of slipping on the usual and natural accumulation of snow and ice does not, in and of itself, attract liability. In order to succeed, an injured person must prove negligence. That something done was done negligently (diversion of snow or water causing ice to form) or that something was not done, an omission, which omission was negligent (not applying salt and/or sand). An injured person must show that the accumulation of snow or ice was unusual and that it would have been reasonable for the land owner or occupier to take some sort of action to deal with the accumulation of ice and/or snow in order for the case to be successful.
Each case is determined on its own facts. The judge made law (called cases or case law) provide some guidance. There are some common conditions that create an accumulation of ice and/or ice that will attract liability. For instance, snow or ice formed by acts of a person (snow plows, shovelling snow, diversion of water causing ice to form etc...) and the omission to remove ice and snow which has accumulated and is known to cause danger of a fall.
If you sustained personal injuries as a result of a fall on snow or ice or ice and snow, our Ottawa personal injury lawyers are trained to handle these cases. Call us for a free consultation. We charge nothing unless we win for you. Most cases are settled without ever going to Court. Call Marc Quinn, Ottawa Accident Lawyer - 613-563-1131 ext. 223.
As one can imagine, in winter, there is an extremely high incidence of personal injuries resulting from falls on ice and/or snow. Personal injury claims in Ottawa, Ontario against owners and occupiers during the winter most often arise from ice and snow incidents. The usual allegations are improper (or no) maintenance of property, causing snow and/or ice to accumulate, causing a danger which causes someone to slip and fall, injuring themselves in the process.
In Ontario, there are limits imposed when advancing claims for injuries resulting from falls on snow and/or ice. Unless an injured person advances a claim in court (commences a court action), within the limitation period prescribed, the claim will be lost forever. Many claims are virtually eliminated based on missed limitation periods.
Other limits on claims include the location of the fall. For instance, claims where someone fell on municipal sidewalks in winter is harder to win than claims where someone fell on private property. The difference is proving simple negligence versus gross negligence in some cases.
Falling as a result of slipping on the usual and natural accumulation of snow and ice does not, in and of itself, attract liability. In order to succeed, an injured person must prove negligence. That something done was done negligently (diversion of snow or water causing ice to form) or that something was not done, an omission, which omission was negligent (not applying salt and/or sand). An injured person must show that the accumulation of snow or ice was unusual and that it would have been reasonable for the land owner or occupier to take some sort of action to deal with the accumulation of ice and/or snow in order for the case to be successful.
Each case is determined on its own facts. The judge made law (called cases or case law) provide some guidance. There are some common conditions that create an accumulation of ice and/or ice that will attract liability. For instance, snow or ice formed by acts of a person (snow plows, shovelling snow, diversion of water causing ice to form etc...) and the omission to remove ice and snow which has accumulated and is known to cause danger of a fall.
If you sustained personal injuries as a result of a fall on snow or ice or ice and snow, our Ottawa personal injury lawyers are trained to handle these cases. Call us for a free consultation. We charge nothing unless we win for you. Most cases are settled without ever going to Court. Call Marc Quinn, Ottawa Accident Lawyer - 613-563-1131 ext. 223.
Tuesday, December 29, 2009
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.
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.
Monday, December 28, 2009
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.
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.
Wednesday, December 23, 2009
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.
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.
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