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Category Archives: Landlord and Tenancy Law

Slip and Fall / Trip and Fall in a Store or Someone Else’s Property? Claim Your Compensation !!! Ottawa Liability Lawyers

Slip and Falls in Stores and Malls In Ontario, persons entering properties have protection under the Occupiers’ Liability Act. That Act states in part as follows: Occupier’s duty 3. (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises. (2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on the premises. An Occupier is defined as follows: “occupier” includes, (a) a person who is in physical possession of premises, or (b) a person …

Hit an Animal with your car in Ottawa, Ontario? How about a Moose hitting your car?

What happens when your car hits a moose or a moose hits our your car? In a case of man and machine versus moose, who is liable for injury? The Supreme Court of Newfoundland and Labrador was tasked with the latter question in Hartson v Hunter, 2006 NLTD 59 (CanLII: http://canlii.ca/t/1mxfk). The defendant was travelling on an isolated two-lane portion of the Trans Canada Highway in the evening, when he struck a moose. Almost immediately after, the plaintiff struck the same moose as he was driving his pickup truck in the opposite direction on the highway. The moose crashed through the plaintiff’s windshield, causing him serious injuries. The plaintiff claimed that the defendant was driving in an imprudent manner. According to the plaintiff, the defendant was driving too …