What is Reasonable Care?
November 30, 2020 By Brian Babcock A failure to meet Building Code standards may result in a municipality being responsible for damages suffered by a user of municipally occupied facilities. Trying to introduce a new theory on appeal does not help. A municipality may be an occupier of property under the terms of the Occupiers’ Liability […]
Have You Checked Your Tires Lately?
November 30, 2017 By Brian Babcock The owner of a vehicle has a responsibility to make sure that their vehicle is safe to operate. This includes the condition and inflation of the tires. On November 21, 2017, the Court of Appeal decided an unusual case, House v. Baird in which the owner of a vehicle being driven by […]
Taylor Swift And A Dollar In Damages
August 15, 2017 By Brian Babcock Taylor Swift only sued for one dollar in damages in her counter-suit for assault against the former radio DJ who had sued her for allegedly ruining his career. Odds are you know the story. In most cases involving sexual assaults, the damages will be more than one dollar. In fact, […]
Jail For Health And Safety Breach: R. V. Kazenelson
January 20, 2016 By Brad Smith “… a significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive for work in the […]
Social Host Liability: Risks And Responsibilities
December 31, 2015 By Brian Babcock NOTE TO READERS: This story was originally published on our website on November 5, 2006. The Childs case is still the latest word on social host liability from the Supreme Court of Canada. Several lower court judges have refused to dismiss cases involving social host liability at pretrial stages, because of the factual […]
What Business Are You Insuring
[vc_row][vc_column][vc_column_text]August 5, 2015 By Brian Babcock If the nature of your business has changed over time, it pays to check your insurance coverage. When you apply for commercial insurance, you tell the insurer the general nature of the business, and that is an important factor in setting the premiums. Because of this, if your business changes, […]
Watch That Slip And Fall!
[vc_row][vc_column][vc_column_text]December 16, 2014 By Brian Babcock Better still, do something to prevent slip and fall injuries. With snow and cooler temperatures returning to Thunder Bay after a mild spell, the risk of a fall is high. A simple slip on ice can cause devastating injuries to anybody, but especially to our aging population. Human decency suggests […]
What’s It Worth? Damages For Personal Injury.
[vc_row][vc_column][vc_column_text]November 7, 2014 By Brian Babcock The first question just about every injured client asks their lawyer is “what’s it worth?” Often, it is months or even years before we have an answer to that question. In Ontario, we do not assess damages for pain and suffering or loss of enjoyment of life on a “meat […]
Automobile Liability Insurance Coverage: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]September 29, 2014 By Brian Babcock 1. If I am sued in an auto accident injury case, will my insurance company defend me in court? The Ontario standard automobile policy, and the Insurance Act, require liability coverage as the basic coverage in every policy. Under that part of the policy, it is your insurer’s obligation to provide […]
Waivers Of Liability: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]August 27, 2014 By Brian Babcock 1. What is a waiver of liability? A waiver is a document by which a person gives up something, such as a right to sue for injury. Waivers are very common in recreational activities, but might also be found in everything from medical treatment to cooking classes. 2. What is the difference […]