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Monthly Archives: July 2009

Trip and Fall in a Busy Costco Store > The 347,496th Customer was Unlucky

Big box retailer Costco recently was ordered to pay damages to a 53 year old retired woman who tripped and fell in January, 2003 while entering the Costco store with her husband.  She tripped over metal floor grates designed to allow dirt and debris from customer footwear to fall below floor level, keeping the area clear for the next customers passing through.

Liability was seriously in dispute.  This busy London, Ontario Costco store had used this metal floor grate system for approximately 18 years without a problem – according to their records. … Continue Reading

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City of Toronto’s Garbage Strike Goes to Court

The City of Toronto has been dealing with a strike for the past month which has included most garbage removal services.

The City’s health officer noticed the beginnings of a fly infestation at the temporary garbage site at Christie Pitts on July 3, 2009 and ordered that pest control be undertaken.

When the pest control truck arrived on scene, the union picketers appeared to refuse to allow the pest control person access to the garbage site, even though the union was given a copy of order from the City health inspector.… Continue Reading

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Slip and Fall into a 6 Foot Trench > City Construction Work

Slip and fall or trip and fall injuries are common.  Slip and fall injuries usually take place on ice and snow or other slippery surfaces, such as freshly waxed floors within buildings.  Trip and falls usually take place over uneven surfaces, including construction zones or repair and maintenance situations.

In the Singer v. City of Hamilton (2007 Ontario Superior Court of Justice) a slip and fall involving a 78 year old woman, whereby she fell into a 6 foot trench, recently was heard by the Ontario Court of Appeal (here) and the appeal was dismissed.… Continue Reading

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Suing the Fire Department for Their Poor Handling of Your Fire

Years ago I was involved in a file against the Toronto Fire Department arising from a house fire in Toronto, around the time of amalgamation of the City of Toronto. The house fire was in a nice residential area and suffered extensive fire damage, such that it had to be torn down and built new.

Part of the problem was the delay in the response of the Toronto Fire Department in arriving at the scene. Given that this fire occurred just past midnight during the week, many neighbours came out to watch the fire slowly consume the home and there were many witnesses who complained of the slow response.… Continue Reading

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Slip and Fall Injury on Ice and Snow > Ontario Summary Judgment Motion Denied

Our harsh Ontario winters still produce plenty of snow and ice which leads to many slip and fall accidents and injuries.

If you injure yourself in a slip and fall accident, where you fall is an important issue.  If you fall on a City sidewalk, then you must immediately give written notice to the City of the particulars of your fall.  It is also best for you to immediately consult with a personal injury lawyer to decide whether to start a lawsuit against the City and others.… Continue Reading

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Buying a Car > Basics of Purchase and Sale Contracts > Dealership Negotiations

Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response to one of their reader’s questions last Saturday, July 11, 2009.  The article is here and also in PDF format.

In Ontario, car buyers should review the Sale of Goods Act when dealing with new car and used car purchase and sale contractual disputes.

If the buyer here had felt that his/her case was strong, a lawsuit could have been started in Small Claims Court. … Continue Reading

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