Introduction to the Tort of Negligence

Here are some introductory points on the tort of negligence.

The Elements of a Negligence Action –

Remember, the plaintiff usually has the burden of proving the first five, while the defendant has the burden of proving the sixth.

1. Duty of Care (limiting step) – there are policy considerations that can lead to the finding and non finding of a duty of care; this duty of care exists when it is reasonably foreseeable that your actions will have an effect on another person.

2. Standard of Care and its Breach – in most (but not all) negligence actions, the standard of care is the reasonable person standard .

3. Causation – has the breach of the duty of care caused an injury to the plaintiff? But for the breach of the duty of care, would the injury have occurred?

4. Remoteness of Damages (limiting step) – also called legal causation; if the damages are found to be too remote from the breach of the standard of care, then the plaintiff will not win the case.

5. Actual Loss – without loss, the plaintiff will not be successful (as opposed to intentional torts)

6. Defences – voluntary assumption of risk, illegality

Limiting Your Treatments after Injury

Is it true that you are entitled to certain insurance benefits from your own insurer, regardless of who was at fault? It’s true, in Canada these benefits are often called ‘Section B benefits’. However, insurers like to erroneously inform injured clients that they will only ‘authorize’ 21 treatments (of various kinds). This is not true. Continue reading “Limiting Your Treatments after Injury”

How Much Should You Pay for an Injury Attorney?

Most injury lawyers will work on an agreement that they’ll be paid out of the settlement you receive. That means they’ll work for free. Kind of. Sometimes payments, especially those that go on for a long period of time, will amount to 40-50% of your settlement. The total value is dependent on how complex and long your case is.

It can amount to a lot of cash tomorrow, but generally this is the only way one can afford representation.

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Terms of Employment Contracts

The rules of employment contracts are similar to the rules of contract in general. For example, as per the freedom of contract, one is fully entitled to choose whether or not they want to enter into a contract. This applies to employment contracts as well. Employers are free to decide whether or not they want to enter into a contract with you i.e. hire you. Just like in regular contracts, the principles of offer, acceptance, consensus ad idem, etc are necessary to form an employment contract. An employer cannot unilaterally impose a contractual term onto an employee.

Obvious Check Before Buying a Condo

Condo living can be good for the environment, requires less maintenance, and can increase security/community. Smaller spaces and sharing heat reduces your carbon footprint (assuming you pay attention to that kind of thing). You don’t have to vacuum common area carpets, shovel snow, or cut grass. The garbage is taken away down your chute, and your condo fees cover most of your utilities. You also have the benefit of living in close proximity to others for added security. Continue reading “Obvious Check Before Buying a Condo”

Just a Number with Insurance Companies

We all have to get insurance if we do certain things like drive. Other forms of insurance are ways of mitigating risk, like life insurance or home insurance.

To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.

But what happens if you need to make a claim?

Continue reading “Just a Number with Insurance Companies”

How Do Contingency Agreements Typical Work?

A Contingency Agreement is a type of agreement that is typically used in various types of arrangements between client and lawyer. For example, personal injury cases. It allows individuals to hire a lawyer without having to pay out any funds until the case is either settled or a judgment is granted against the person responsible for causing the injuries.

The fee is payable only if there is a favourable result. It is generally defined as a fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court…. contingent fees are usually calculated as a percentage of the client’s monetary settlement/award.

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Slip and Fall Legislation in Canada

Often slip and fall cases note something on the floor that they didn’t see or couldn’t, caused them to slip and incur injuries. The fact that there was something on the floor (or that the entrance-way was icy or covered in snow) is not the end of the matter. Such conditions of the floor do not automatically result in liability on the landowner. You must first consider the legislation that deals with the duty of landowners who invite others onto their property :

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Pay Attention to the Fine Print – Chattels

Have you heard of horror stories that upon purchase of a new home, a couple may encounter that there are no appliances. Not just a microwave or toaster oven, but the fridge, range, washer and dryer, all gone?

It happens all the time.

You have to declare in the sale what items are included with the purchase, they are called chattels.

Continue reading “Pay Attention to the Fine Print – Chattels”