With alternative business structures (ABS) promising to be a key focus of debate for the legal profession this year, it’s clear significant opposition will be coming from at least one part […]
Oatley, Vigmond personal injury lawyer Brian Cameron recently was interviewed by Jim Richards on Newstalk 1010, to discuss both the legalities and risks of drinking and boating. Brian is a […]
Oatley, Vigmond recently represented OTLA as an intervener in the following case, which was appealed to the Divisional Court of Ontario.
Any business that serves alcohol has specific legal obligations with respect to the service of alcohol, the most common of which is not to serve alcohol to minors. However, there are also limitations on serving people of any age.
There is no doubt that drinking and driving your car is reckless behaviour that is no longer socially acceptable. The same social condemnation does not exist in the boating community.
What exactly does “marked impairment” mean? According to the AMA’s Guides to the Evaluation of Permanent Impairment, 4th ed., 1993, a person with a marked impairment in daily activities, is a person whose behavioral impairments significantly impede most useful functioning with cleaning, shopping, cooking, riding a bus, paying bills, maintaining a residence, grooming, using a telephone or working.
Aviva refused to accept the conclusion of its own doctors and argued that suffering a single marked impairment was insufficient. It denied further medical and rehabilitation benefits based on an incorrect interpretation of the law.
To prevent harm, as much as is possible, the law requires that owners and operators of commercial establishments take such reasonable care as is necessary to make sure that people are safe while they are on the premises.
Social condemnation aside, most people are not aware of the consequences of drinking and driving on a boat