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 :
When you’re involved in a collision you may face a range of injuries to your neck. Whiplash is a soft tissue injury to the neck. It can also be called a neck sprain or neck strain. Whiplash is characterized by a collection of symptoms that occur following damage to the neck, usually because of sudden extension (bending the neck backwards) and flexion (the bending of a joint so that the bones forming the joint are brought closer together).
Paying close attention to your injury, and giving yourself ample time to heal, are critical components before proceeding with any legal action in a vehicle collision.
The disorder often occurs as the result of an car accident and may include injury to intervertebral joints, discs, and ligaments, cervical muscles, and nerve roots. Symptoms such as neck pain may be present directly after the injury or may be delayed for several days. In addition to neck pain, other symptoms may include neck stiffness from injuries to the muscles and ligaments (also known as myofascial injuries).
For a more comprehensive list of the different types of WAD injuries visit Conway Injury Law Calgary and their post on WAD 1, 2, 3.
For the most, a house will be the single greatest purchase of their lifetime. This is particularly true in large cities where real-estate prices are much higher than rural areas. There is a significant amount of research, a well defined process, and necessary expertise to close real-estate transactions. But are there differences between single family home and townhouse / condo transactions?
Yes there is, and it’s more than just preference, but let’s start there.
As per labour relations legislation, some employees are excluded from collective bargaining. In the past this exclusion has survived Charter scrutiny as it has been held that the freedom of association and freedom of speech do not guarantee a right to collectively bargain. However, newer case law seems to suggest that there is a Charter protected right to collectively bargain. In Health Services, it was held that the Charter includes a procedural right to collectively bargain, but does not guarantee particular objectives. Further, the Charter does not protect all aspects of associational activity, only those which constitute a substantial interference with associational activity. Notably, Bill 5 in SK designates certain employees as “essential services”, and restricts their rights to collectively bargain.
Generally, independent contractors are excluded from collective bargaining. It is believed that they are financially independent enough such that they do not require the protection of collective bargaining. Either of the tests above can be applied to determine if an individual is a contractor or an employee.
When it comes to wrongful dismissal, the main job of the court is to determine what is reasonable notice (i.e. you get paid money to compensate you). This is an implied term of the employment contract as per common law. There are two main approaches to determine reasonable notice. The oft-cited Bardal approach where the court considers such factors as the character of employment, length of service of the servant, age of the servant and availability of similar employment (most important) having regard to the experience, training, and qualifications of the servant. The Bardal approach is augmented with by the Lazarowicz approach, approved by the SK QB in Bartlam. Here, the court imagines that the employer and the employee had sat down at had a chat at the time the employee was hired. How much of a notice period would they have agreed upon? This approach is useful because it takes it flexibly takes into account factors such as the economic situation, norms of the industry and so on.
The measure of damages for wrongful dismissal is governed by the length of the notice period in the contract of employment, because what makes the dismissal unlawful at common law is the employer’s failure to give due notice or wages in lieu of. Therefore, the employer can recover only for wages and benefits that he or she would have been legally entitled to during the contractual notice period.
If the employer acted in a particularly repulsive way in the manner of dismissal, there is no additional recourse for the employee unless the employee can show that the employer’s conduct constituted an independently actionable tort such as mental distress (Honda v. Keays).
There’s an old saying that attorneys are a, “dime a dozen”. With the advent of social media the tools to select the right attorney for the right job, and compare all at the same time, is at your fingertips.
That means the following concern should happen less in our digital age.
My attorney for 2 years has done nothing that I understand. I drive 80 miles one way for a meeting and we discuss options/strategies then I leave (after she charges 400.00) and she does not follow thru. Continue reading “Dime a Dozen for Attorneys – Do Your Research”
In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:
1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.
In Canada, depending on the province where you reside, there are certain benefits that your insurer has to pay to you after you’ve been in a car accident. Often referred to as the ‘Section B’ insurer, insurance has to pay certain benefits. Generally speaking, there are both income loss and medical expense benefits that are potentially payable. An often overlooked entitlement under the Section B benefits in Alberta is the right to claim $135 a week if you are not employed and are unable to perform your household duties. This is often referred to as the ‘homemaker’s benefit’. The relevant section of the policy reads as follows :