When a dangerous condition is present and leads to a fall and injury, can the municipality be held responsible?
Without causation, there can be no compensation.
Most of the time, the sidewalk in your neighbourhood is probably a safe and convenient place to go for a stroll. However, sometimes sidewalks can shift, crack, deteriorate, and in the winter season become covered in ice or snow.
“A jury trial is a fight and not an afternoon tea.” That observation from a 1915 decision remains as true today as when it was first written. However, jury trials have rules – and the boundaries of what a trial lawyer can say in front of the jury are restricted to ensure fairness and to avoid miscarriages of justice.
Generally, an injured person must commence a legal proceeding within two years of the date they knew or ought to have known that an injury, loss or damage has occurred. The question is, of course, when does an injured person gain this knowledge?
Basically, anyone injured in a car accident in Ontario (even pedestrians and cyclists) will be entitled to certain potentially significant benefits from their own insurance company, regardless of who is at fault for the accident.
Today, consumers can rest assure the thousands of products they rely on will be safe and fit for their intended purpose.