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Posts Categorized: municipality

Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury

A family of four went tobaggoning on a reservoir property owned by the City of Hamilton, in an area where tobogganing was expressly prohibited (but this was not known by the family). After their two children went down the hill, the plaintiff father went down, hit a ridge and overturned, and badly injured himself, including a crushed L1 vertebrae, chronic pain and depression. The mother and father eventually ended their 19 year marriage alleging that the father’s changed personality after this accident was the main reason.… Continue Reading

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Rising Car and Home Insurance Premiums?

CPP has suffered a loss in value due to the ongoing stock market problems, unsurprising given the gloom and doom of the Euro zone financial problems, along with the significant US debt issues.

Are insurers also going to suffer losses in their stock holdings in 2011?

If they do, expect car and home insurance rates to rise.

Here is FSCO’s latest approval of car insurance rate increases for the 3rd quarter of 2011.… Continue Reading

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Slip and Fall on Ice > 5 Months to Notify City is Reasonable

It is generally difficult to pursue the City of Toronto and other Ontario municipalities for failure to clear their sidewalks of ice and snow.

First, you must send a notice letter properly to the City immediately after your accident, within 10 days of your slip and fall accident.  This applies even if you are in the hospital.  The exceptions are limited.

Then, you must prove negligence on the part of the City for failing to maintain their sidewalks, found in s.44(9) of the Municipal Act, 2001, which reads:

Expert in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk.… Continue Reading

Slip and Fall on City Property – Act Quickly if You Are Hurt

If you hurt yourself on City property, which most commonly is a slip and fall on ice, snow or an uneven sidewalk, then you have 10 days to notify the City in writing of your incident – s. 44(10) of the Municipal Act.

Most people do not know that they have 10 days to notify the City of their accident.

NOTE: if you are hurt and seek medical treatment (whether you are hospitalized or attending at your family doctor’s clinic), the 10 day period still applies unless you fall under a narrow exception of circumstances.… Continue Reading

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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