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.

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.

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.

Winter, Ice, Slip, Trip, and Fall Accident Lawyers in Ottawa Help Injured Persons Receive Fair Compensation

Ice, Slip, Trip, and Fall Accident Lawyers in Ottawa Help Injured Persons Receive Fair Compensation

Most people don’t imagine falling due to a slip or trip and suffering serious injuries. Most people recover from falls and don’t get injured. However, slip and trip falls can occur anywhere and can cause serious injury. This time of year is particularly dangerous because of ice and snow and slippery surfaces. In a blink of an eye, falling can cause serious debilitating injuries which can adversely affect every aspect of your life. Some of our clients have been injured permanently and because of a slip / trip and fall are unable to ever return back to work.

You are entitled to expect that properties are maintained in a safe manner. A certain level of safety is expected and pursuant to the Occupier’s Liability Act of Ontario, owner and occupiers of property must keep their properties safe. If you have sustained an injury because the owner of a property failed to meet their obligations, Plant Quinn Thiele Slip and Fall Lawyers - Ottawa Injury Lawyers can help you ensure that the property owners / occupiers take responsibility for their negligence. We will help you obtain the compensation you deserve for your slip and fall accident claim.

If you or someone you know has been injured in a slip, trip or fall accident, contact Marc Quinn - PQT Law Firm - Ottawa personal injury lawyer. We are experts in the field of personal injury law. We have experience in dealing with personal injury cases and we settle cases. All of our lawyers provide a free consultation. Call Marc Quinn at 613-563-1131.

Ottawa Injury Lawyers Care About Their Clients - Parking Lot Slip and Fall - Ottawa Winters - Injuries in Parking Lots

Parking Lot Slip and Fall - Ottawa Winters - Injuries in Parking Lots

Suffering an injury can be overwhelming. In addition to recovering from the injury itself, you may struggle with finances caused by your inability to work while at the same time trying to find a lawyer willing to take on your case with no money to pay a lawyer. Finding the right lawyer can be confusing and frustrating. When in pain, it is easy to become overwhelmed. Your pain causes stress and that adds to your sense of helplessness. You may be worried about your future and wonder what is involved in pursuing damages as a result of your injuries. At Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers - Ottawa Accident Lawyers, we provide honest answers to all questions you have and we commit our agreements to writing. For injury cases, we charge you nothing unless you win and we put it in writing. Our personal injury lawyers receive ongoing training in the law, settlement and court procedure and communication skills with clients. We are prepared to sit down with you and explain your rights and the process, free of charge. If you like what you hear, you can hire us, if not, there is no charge and you leave with valuable information about your rights without the need to research everything you need on your own.

Personal injuries occur in many ways: you can be walking and trip or slip and fall or are hit by a motor vehicle while crossing the street; you can be a driver of a car hit from behind or a passenger injured because of a driver’s carelessness. You can trip and fall, slip and fall as a result of ice or snow or fall down stairs because of loose carpeting. No matter how you are injured, if someone else is at fault, we can help you get compensation for your injuries. That is what insurance is for. In a civilized society, insurance covers these types of claims and good insurers have no problem paying fair compensation to honest people who are unexpectedly injured because of their insured’s negligence.

Injuries this time of year often occur because of bad drivers resulting in car accidents or owners not properly taking care of their properties. Falls often occur in wet entrances of stores, walkways and parking lots. Parking lots during winter are a major cause of falls usually because the property owner has not shovelled or salted the parking lot or walkway enough.

If you are involved in an accident causing you personal injury, we can help. If you want a lawyer who cares, call Marc-Nicholas Quinn of Plant Quinn Thiele LLP - Ottawa Accident and Personal Injury Lawyers. Call us at 613-563-1131.

Low Apartment Vacancy Rate in Ottawa, Ontario

A booming housing market normally gives rise to increased vacancies as renters become owners. Statistics compiled by Canada Mortgage and Housing Corp. suggest that vacancies in Ottawa have only risen to 1.5% from 1.4% last year. The average rent of a two bedroom apartment in Ottawa has risen almost 3% to $1030 per month. Depending on one's perspective--from that of a landlord or a tenant--this trend may be viewed both positively or negatively. One thing is for sure though, this time represents a good time for landlord's to increase rents for units as they become vacant. Vacant units, for the most part, have no rent control and landlord's may charge whatever the market will bear for that unit. Recent experience suggests that in this kind of market landlords are becoming less tolerant of certain behaviours and the foibles of some of their tenants and are indeed proceeding with eviction steps at the Ontario Landlord and Tenant Board. Tenants and Landlords are increasingly represented by lawyers at the Landlord and Tenant Board. While the Landlord and Tenant Board proclaims a model that is responsive to self represented parties, the reality is that the informal hearing process and the packed dockets (long lists of cases to be heard) favours the position of those parties that retain lawyers experienced in the process. In many ways, the Ontario Landlord and Tenant Board's informal procedure actually prejudices the self represented party as the fullness of the case is not actually ascertained until it is too late. For the unrepresented tenant this late revelation manifests itself in eviction and homelessness. For landlord's, the strict requirements of the law and the technical issues pertaining to the burden of proof often results in a tenant, who has an experienced lawyer, having the landlord's case dismissed. The cost to the landlord is the loss of the $170 application fee and sometimes a permanent inability to evict the tenant for the grounds alleged which can include illegal acts, impaired safety, non-payment of rent, and interference with reasonable enjoyment of the premises by other tenants or the landlord. Landlord's and Tenants should be represented by experienced counsel at hearing given the seriousness of what is at stake.

Michael K.E. Thiele, Lawyer practicing extensively in residential tenancies law before the Ontario Landlord and Tenant Board.

MINOR INJURY CAP UPHELD BY NOVA SCOTIA COURT OF APPEAL - INJURED PERSONS

News
Court Upholds Nova Scotia’s Minor Injury Cap
Terri Goveia | December 15, 2009

Nova Scotia’s Court of Appeal has dismissed yet another challenge to the province’s $2,500 minor injury cap—upholding the cap at the same time a government cap review assesses its fairness.

In the Hartling v. Nova Scotia decision—released December 15—a Supreme Court panel set aside appeals to an earlier Supreme Court of Nova Scotia decision that deemed the cap constitutional. Chief Justice Michael Macdonald, Justice Jill Hamilton and Justice Duncan Beveridge dismissed the first appeal, which claimed the cap goes against the Charter of Rights and Freedoms, concluding “the enactment and its regulations are valid.” They denied leave to appeal on the second front—that the government extended the cap’s reach beyond legislative intention—“because there is no longer an arguable issue to be resolved.”

In making their decision, the panel underscored the cap legislation’s original intent—to reduce skyrocketing insurance premiums, not to protect accident victims, as the appellants claimed.

Similar cases
The panel’s analysis of the case—which involved appeals from accident victims and a girl who witnessed her father being hit by a car—acknowledged similar constitutional challenges in other provinces, and referred to the recent Alberta Court of Appeal decision.

And though the panel acknowledged validity to some of the appellant’s assertions—such as their claim that accident victims suffering from chronic pain, are treated differently than those with other injuries—they note that “it is not enough for the appellants to simply establish that their distinct group is disadvantaged,” they state in the decision. “Instead, to succeed they must go a step further and establish that their disadvantage reflects discrimination.”

They also determined that “there is no basis to suggest that those who do not meet the chronic pain definition will be automatically caught by the cap. Without this premise this aspect of the claim evaporates.”

The panel’s decision points out that the cap legislation still allows accident victims to find sufficient care and compensation, pointing out that “all other rights of recovery remain intact. These represent a variety of monetary awards, including claims for wage loss and other out-of-pocket expenses; the costs of future care; or, where a wrongdoer’s actions are particularly egregious, “aggravated” or “punitive “damages, together with a commensurate contribution towards the victim’s legal bill.”

Decision coincides with review
The Insurance Bureau of Canada welcomed the decision, which coincides with an ongoing provincial review of the cap. “It provides Nova Scotia consumers with a little more stability,” says Bill Adams, the IBC’s vice president, Atlantic. “It highlights the fact that the review needs to balance affordability with fairness.”

The province is looking at options to amend the cap, which it some accident victims are caught under unfairly. The Ministry of Finance is slated to release a discussion paper on the cap before Christmas, with an eye to draft legislation—if necessary—by spring 2010.

Throughout the review, the government “needs to be clear in what [they’re] trying to address, and [avoid] a flood of cap claims at higher levels,” Adams told CI December 15. “We believe the current system is working. We acknowledge that the government has expressed a long-standing concern and will collaborate with them to understand its concerns.”

Part of that collaboration: shared insurance claims data to inform any future decision on the cap, he says. “The challenge is for government to make the changes it wants to see regarding victims yet not create the instability that could see higher claims costs.”

The Ministry did not respond to CI’s queries for comment.


SOURCE: http://www.cdnins.com/news/news_151209_01.htm