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Articles by: Troy Lehman

Distracted Driving

In 2013, the OPP dealt with 78 deaths from distracted driving crashes compared to 57 deaths in impaired driving crashes and 44 deaths in speed-related crashes. People in Ontario know […]

The Duty of A Homeowner to Remove Ice and Snow

There are many things to dislike about a Canadian winter. Heading outside to shovel or salt your driveway isn’t much fun when the temperature is -20, however, if you fail to shovel and salt your driveway or walkway you are putting yourself at risk to get sued.

Liability of Party Hosts

What happens if you host a party and one of your guests gets impaired, drives away and is involved in a car crash where an innocent person is catastrophically injured? The answer is that you might get sued.

Ewing (Litigation guardian of) v. Conte

This is an important decision involving an injured person’s ability to access justice without delay. It involves a woman who suffered a catastrophic brain injury when she was hit by a motor vehicle as a pedestrian. The case was commenced in Barrie, where trial dates are readily available. The defence brought a motion to transfer the trial to Toronto. The Toronto system is backlogged and a transfer to Toronto would have meant that the trial would be delayed for three years.

Liability of Airlines for Personal Injuries

Generally, if you suffer injuries because of another party’s negligence you can sue that party for the full extent of your economic loss. This is not the case if you suffer a serious injury on a commercial airplane.

Boating Liability

This time of year, our lakes are teeming with motorboats, sailboats and personal watercraft. Boating is a great way to spend a summer day. Unfortunately, a number of people in our area get seriously injured in boating mishaps each year.

Catastrophic Determination: Combining Physical and Psychological

This article reviews the Courts’ interpretation of the “catastrophic impairment” threshold for people with a combination of impairments. This is a very significant issue for people seriously injured in motor vehicle accidents. People who met the definition of catastrophic impairment are entitled to enhanced benefits from their insurance companies. Troy Lehman successfully argued the Arts v. State Farm case which is an important case in this area of the law.

Parties under a Disability: Court Approval and Guardianship

Where a settlement is reached on behalf of a child or on behalf of a person who is mentally incapable of making financial decisions the settlement must be approved by the Court. The Court reviews not just the amount of the settlement but the investment and proposed management of the settlement funds. This article discusses various issues relating to the approval of settlements.