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Category Archives: ice lawyers

Injured in an accident in Ottawa or Ontario and believe you are being followed by a “private eye”? You need to read this! Ottawa Accident and Injury Lawyers discuss the use of surveillance at trial!

Ever wonder of the insurance company can hire a private eye to follow you in an injury case in Ottawa or anywhere in Ontario? Ottawa injury lawyer describes some principles regarding surveillance In the recent Court of Appeal decision of Iannarella v. Corbett, the Court made comments with the use of surveillance in litigation and at trial. Essentially, parties are obligated to disclose in a document called an “affidavit of documents” all documents relevant to the issues in the court case. This includes surveillance of other parties obtained through other people such as private investigators or “private eyes”. The party can claim what is called “privilege” over the records obtained during the surveillance such as video and photos which means all that party must do is disclose the …

Slips, Trips and Falls in Ottawa, Ontario – Ottawa injury and accident lawyer describes some law

Slips and Falls on Properties in Ottawa and in Ontario – Who Bears the Onus of Proving The Case? In Ontario, if you are injured on someone else’s property (falls, falling objects, other types of causes of injuries), chances are the Occupiers’ Liability Act applies. That Act sets out the responsibilities of occupiers (such as tenants) and owners. Those responsibilities include ensuring that all reasonable steps are taken to make the property safe. The Courts have set out the various principles applicable to Occupiers’ Liability Act cases, including the following: The onus is on the plaintiff (person injured) to prove, on a balance of probabilities, that the defendant breached the applicable duty of care; The fact of injury does not create a presumption of negligence under the Occupiers’ …