Property owners must be proactive to ensure premises remain safe

By Tony Poland, LegalMatters Staff • Property owners must be constantly vigilant to ensure premises are safe for visitors, says Barrie-area litigator M. Steven Rastin. “Under Ontario’s Occupiers’ Liability Act those controlling a property must do what is reasonable to ensure that all visitors are safe,” says Rastin, senior counsel at Rastin Gluckstein. “The Act […]

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Compensation can be sought for some public transit injuries

While public transit is generally safe, every year some riders suffer injuries caused by mechanical failures, operator error or collisions with other vehicles. When that happens, both the operator and the municipality may bear responsibility since transit authorities owe a duty of care to riders. But as various court rulings have found, that liability does

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Misrepresentation during a home sale carries consequences

By LegalMatters Staff • People selling their homes want to present them in the best light possible. But if they knowingly misrepresent the property to buyers, that can lead to legal and financial repercussions. “All real estate transactions are expected to be built on a foundation of trust and transparency,” says Edmonton real estate lawyer

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Stiff penalties are given for driving under the influence of drugs

By LegalMatters Staff • Impaired driving kills or injures more Canadians than any other crime, according to Public Safety Canada, and that includes impairment caused by either drugs or alcohol. It is also the single-most important factor contributing to serious road crashes. “If you are caught operating a vehicle while impaired by cannabis or any

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Consistent medical treatment is important in disability cases

By LegalMatters Staff • For a long-term disability claim to be successful it must include a chronological narrative of your medical history, treatments and diagnoses. That type of medical evidence can only be gathered through regular and ongoing medical care and careful tracking of any reports given by experts along the way. These records can

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Time for mandatory mediation to be rolled out province-wide

By Tony Poland, LegalMatters Staff • Mandatory mediation is a simple yet effective solution to the problem of civil court backlogs, says Ontario mediator and litigator Avril Hasselfield. Hasselfield, a partner with Results Mediators, says the civil court system in Ontario needs an overhaul to ensure access to justice. “More judges would help but that

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Couples should protect themselves when entering into any union

By Tony Poland, LegalMatters Staff • Divorce rates in Canada are the lowest they have been in 50 years but that optimistic news doesn’t mean couples starting out shouldn’t do all they can to legally protect themselves, especially those considering a common-law union, says Toronto family lawyer A. Julia P. Tremain. A Vanier Institute of

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Discrimination claims must be investigated in a timely manner

By Tony Poland, LegalMatters Staff • Allegations of “racial stereotyping, microaggressions and verbal violence” within the Privy Council Office are a reminder that employers have an obligation to deal with issues of potential discrimination promptly, says lawyer and workplace investigator Krupa Shah. “We have been seeing much more discussions about race lately,” says Shah, of

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