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Court of Appeal Signals Door Still Open For Social Host Liability

Williams v. Richards social host liability personal injury law kelly singh lawyers

As we once again enter another festive season, many of us look forward to attending and socially hosting get-togethers with friends, family and colleagues.  Alcoholic drinks are often consumed, and chances are that some guests may overindulge.  What risks is the social host of such a party assuming? The concern for social hosts usually relates to a guest who drinks too much, gets in their car and causes an accident in which they seriously injure or kill themselves, or other innocent users of the roadway. Liability to injured third parties against commercial establishments such as bars, that overserve drunken guests is well-established....

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Recent Divisional Court Ruling Another Blow To Injury Victims Rights

Div Court Ruling Deals Major Blow To Catastrophically Injured

In a recent Divisional Court ruling of Tomec v. Economical Mutual Insurance Company, the Panel has held that a limitation period expires for certain benefits that accident benefits claimants are entitled to even before they meet the requirements to be entitled to those benefits. In the case Ms. Tomec had applied for attendant care and housekeeping benefits from her own insurer after she was seriously injured in a car accident in September of 2008. Under the legislation in effect at that time, an accident victim is only entitled to these types of benefits for the first two years after an accident...

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New Court Ruling Could Invalidate Multiple Wills

Wills and Estates, Milne Estate Case

A common estate planning tool used by lawyers for their clients is to have a client execute multiple wills, often a Primary Will and a Secondary Will.  The reasons for doing so usually stem from saving the estate probate fees.  When estate trustees wish to obtain the release of the deceased’s assets to the estate such as bank accounts or investments, some institutions will require a probated will before releasing the funds or property.  Probate is a process where by a court will review the will and the supporting material to establish it as valid and binding.  In Ontario, the...

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7 Things To Consider Before Buying A Condo

Purchasing A Condo

As condominiums proliferate as the home of choice for many, it is important to realize it is a different kind of ownership than a house or freehold townhome.  To make sure you’ve made the right decision here’s 7 things you should know before purchasing a condo: 1) Read the declaration, by-laws and rules Every condo community is unique. The declaration, by-laws and rules provide critical information about the restrictions and allowances within the community. Some condo’s may have strict rules regarding pet ownership, other’s may entirely prohibit short term rentals, while some may specifically protect such use of the unit within the...

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Are Accident Victims Getting A Fair Hearing Before The LAT?

LAT unfair decision making

When deciding whether an adjudicative proceeding like a trial or a tribunal hearing has been conducted fairly, appellate judges will often cite a fundamental judicial principle: “that justice must not only be done but must be seen to be done”. This principle stands for the fact that the public needs to have confidence that any such hearings are decided  by the judge or adjudicator based on the evidence presented by the parties at the hearing in a fair and open forum.  Part of this process means that the judge or adjudicator allows the parties to make submissions on points to...

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Do You Have A Claim For Your Slip & Fall Injury?

slip & fall injury

Whether it’s an icy patch in the mall parking lot, or a slip in the grocery store on a fallen grape or spilled liquid detergent, falls can have serious consequences, resulting in serious injuries and even death. Seniors and young children are the most vulnerable, but falls can significantly affect someone at any age. With an aging demographic in Ontario, these kinds of falls can result in serious hip injuries, broken bones and a loss of mobility and costs the health care system significant money. According to a new report by the Canadian Institute for Health Information (CIHI) unintentional falls...

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Ontario Set To Expand The Scope Of Distracted Driving Offences

distracted driving

Effective January 1, 2019, local enforcement officers will have greater powers to crack down on any behavior that can be characterized as distracted driving. The list will be expanded to include behavior that goes beyond the usual “driving while using a hand-held device” infractions that are common now and have been for some years. So what else can constitute distracted driving? As per the Ontario government’s website, anything that causes a driver to be less focused on the road constitutes distracted driving. This will be a discretionary call to be made by enforcement officers, but distracted driving can include eating or...

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Selling A Home That Used To Be A Cannabis Grow-Op

Cannabis grow-op

The proliferation in recent years of residential homes being used as a cannabis grow-op has created confusion and uncertainty for buyers, sellers and real estate agents as to how far the obligations of a seller extend regarding information about a home’s history. In the recent Court of Appeal Decision of Beatty v. Wei, 2018 ONCA 479, the Court offered clarity in response to the question: What is the effect of an illegal substances clause in a standard form Ontario Real Estate Association/Toronto Real Estate Board Agreement of Purchase and Sale (“APS”)? The “Illegal Substance Clause” is a commonly included clause in such...

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Five Things To Know Before Renting Your Condo Out As A Short-Term Rental

Five Things To Know Before Renting Your Condo Out As A Short Term Rental

Since the rise in popularity and use of Airbnb and other similar sites, the opportunity to make some extra cash by listing property on these websites seems to be gaining appeal. In urban centres short-term rentals have become a sizeable industry. This has meant that municipalities, and condominium communities alike have all had to grapple with how to respond to this growing sector of the new home-sharing platform. In this blog we address some important things you should take into account as you consider listing your home for short-term rental.   1) Are There Any Municipal Rules Restricting Short Term Rentals In...

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The Truth About Fraud Allegations In Personal Injury Claims

The Truth About Fraud Allegations In Personal Injury Claims

With a provincial election ramping up in Ontario, a campaign issue that seems to percolate to the surface every election year is high auto insurance premiums. As you may recall the current Ontario government had previously promised a rate reduction in premiums of up to 15% - this reduction never materialized. Instead what Ontarians received was a drastic reduction in the benefits they get for their premiums. Now Ontarians actually have to pay more, not less, to get the same coverages they used to get before. Insurer's will have the public believe that the high premiums are because of fraud....

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