Emergency Car Kit

Whether you are involved in a car accident or your vehicle breaks down, keeping an emergency kit in your vehicle at all times is extremely important – especially in the cold winter months. The following are recommended by the Government of Canada’s GetPrepared.ca site as items you should have in this kit.

• Food – that won’t spoil, such as energy bars
• Water – in plastic bottles so they won’t break if frozen (change every six months)
• Blanket
• Extra clothing and shoes
• First aid kit – with seatbelt cutter
• Small shovel, scraper and snowbrush
• Candle in a deep can and matches
• Wind–up flashlight
• Whistle – in case you need to attract attention
• Roadmaps
• Copy of your emergency plan and personal documents

Also, keep these additional items inside your trunk:

• Sand, salt or cat litter (non clumping)
• Antifreeze/windshield washer fluid
• Tow rope
• Jumper cables
• Fire extinguisher
• Warning light or road flares

Other Hints

It is also important to note that cellphones may significantly cut down on the time it takes for you to contact help, whether you are involved in an accident or are stranded on the side of the road.  Ultimately, staying hydrated, warm and safe inside your vehicle will be key to riding out the wait for help, whether it is a few minutes or several hours.

If you or anyone you know has been in a car accident, our team of  experienced Ontario personal injury lawyers can help. We would be pleased to sit down with you in your home town for a free initial consultation to answer any of your questions.

Now that the monetary limit of the small claims court in Ontario has increased to  $25,000, renewed interest in this court seems likely.  Although there are several factors that should be considered when deciding whether or not to pursue a claim in small claims court, an important consideration is what costs a successful party may be entitled to recover.

The following discussion is based on a paper I wrote entitled Costs in the Small Claims Court.

Can a party get an award for costs in the small claims court?

A qualified “yes”.  Rule 19 of the Rules of the Small Claims Court (“Rules”) is clear that while a successful party is entitled to claim costs and disbursements, such an award is at the discretion of the judge.  It is not a guarantee.

What is the usual award for costs in the small claims court?

In general, a successful party is entitled to recover their “reasonable disbursements” and, if represented by a lawyer, student-at-law or agent, a “reasonable representation fee”.

Examples of claimable disbursements include expenses for travel, accommodation, photocopying and experts’ reports.  Under the Rules, certain disbursements, like for example, the cost of preparing a claim, are capped.  In the case of preparing a claim, the maximum amount awarded is $100.

With respect to a reasonable representation fee, the general rule is that the maximum amount awarded is $3,750.  Of course, this is always subject to the discretion of the court.

If a successful party represents themselves, they can request  a maximum of $500.00 for their “inconvenience and expense”.

Are additional or increased costs ever awarded?

Again, this is at the discretion of the court.  One instance where a court may award increased amounts for the representation fee is where a successful party “beats” their offer – i.e. the successful party offered to accept $3,000 from the other party in order to settle the claim, this offer was rejected by the other side and then at trial, the successful party was awarded $4000 by the court.

A party can also seek costs not exceeding $100.00 if they are successful on a motion.

A court may also award a “penalty” in the form of increased costs if it is satisfied that the other side has acted unreasonably or unduly complicated or prolonged the action.

Although not common, there are also provisions for a party to see costs associated with attending a settlement conference (max of $100)

As a teenager I loved the thrill of roller coasters, flying swings and bumper cars; I loved the sights and sounds of the amusement park and the smells of hot dogs, candyfloss and candy apples. But as a mother and a lawyer, my enthusiasm for amusement rides has been somewhat curbed by the occasional personal injury case that I take on involving them.

Thankfully, there are few catastrophic personal injuries that occur as a result of amusement ride mishaps in Ontario, at least when compared with the number of riders and amusement parks and travelling carnivals across the province. However, many less-than-catastrophic injuries occur every year that are not reported in the media.

There are a few things to keep in mind the next time you are retained in a personal injury matter involving an amusement ride.

The Technical Standards & Safety Authority (TSSA) is responsible for the enforcement of provincial laws and regulations under the Technical Standards and Safety Act, 2000 in relation to amusement rides. The TSSA has significant investigative and prosecutorial powers.

With relatively few exceptions, owners of amusement rides must be licensed to operate the rides, have permits for each device and have a mechanic on staff.

Event organizers who rent amusement rides are required to ensure that the company they are renting from has complied with its TSSA obligations. This is of special note to municipalities, charities and others who hold carnivals and fairs, but does not affect the parent who rents a blow-up castle for his or her child’s private birthday party.

Although there are many TSSA director’s guidelines, an important one to be aware of is guideline 531/09, which outlines reporting requirements, notably that every incident “resulting in an adverse consequence to a person or property” must be reported to the director. Different reporting requirements apply, depending on the severity of the incident. Even a minor personal injury incident that does not require medical attention must be reported. Where the incident results in death, is considered serious or the ride is found to be an immediate hazard, the device must be stopped and cannot be returned to service until an inspector’s permission is obtained.

A report to the director must also be made if the device is found to be in a condition where its safe operation is affected or where there is an immediate hazard, even if it is easily repaired.

As with any quasi-governmental body, there is lots of record-keeping at the TSSA and I would suggest that you or your investigator are likely to obtain a plethora of information, either through a request made pursuant to the freedom of information and privacy laws or by court order.

This information will be necessary in order to establish negligence and could also be reviewed by an engineer to determine if there is a design flaw requiring the involvement of a manufacturer or supplier. Of particular interest in this regard are the technical dossiers that are filed by the amusement ride owners with the TSSA prior to being issued a permit for a particular device.

Another good source of documentary information are log books, which are required to be kept by each licence holder. These are designed to record the inspections and testing required for each piece of equipment before the device is opened to the public each day. Log books are a good source of information for the results of other inspections, incidents and maintenance — ​a great cross-referencing tool in relation to the TSSA records you will obtain. The log books should also provide information about the identity of attendants for each device, as well as details regarding their training.

Amusement parks and operators of carnivals and fairs may attempt to limit their legal liability by posting waiver signs where tickets are purchased and throughout the park area. This is an attempt to reduce their liability, even when there has been negligence on their part. In Ontario, courts have been cautious about enforcing waivers. Factors considered include: the location of the sign, the wording of the sign, the age of the injured party and instructions given to participants using the specific ride. Typically, the courts will require that the defendant use the clearest of language and adduce evidence that the injured party understood that language and its legal effect in order to rely on a waiver. Only in the rarest of cases will a rider be found to have genuinely consented and accepted the risk of the defendant’s negligence.

]]> http://www.fergusonbarristers.ca/personal-injury/rides-wrong/feed/ 0 http://www.fergusonbarristers.ca/uncategorized/washing-hair-car-accident-ontario/ http://www.fergusonbarristers.ca/uncategorized/washing-hair-car-accident-ontario/#comments Thu, 12 Jan 2012 20:21:10 +0000 Sheila Minnie http://www.fergusonbarristers.ca/?p=1814 Getting your medical expenses covered after you have been involved in a motor vehicle accident is important but it may not be enough.  What if your injuries mean that you need help with some basic tasks like washing your hair or transferring from a wheelchair to your bed? For these types of expenses, you may be entitled to receive Attendant Care Benefits under the Statutory Accident Benefits Schedule .

This is the last installment in our series of discussions on No-Fault Benefits in Ontario.

What are Attendant Care Benefits?

Attendant Care Benefits are designed to cover certain personal care expenses incurred by an injured motorist after a car accident.  These expenses are paid to the aide, attendant or long-term care facility that is hired to perform the daily activities or tasks that the injured person would have been able to complete themselves had they not been involved in the accident.  Examples of some of the tasks a person may need help with might include things like feeding, dressing, bathing, administrating medication, transfers or being able to respond to an emergency situation.

How do I apply for Attendant Care Benefits?

In order to receive Attendant Care Benefits, you will need to submit a completed Application for Accident Benefits  and  Disability Certificate to the insurance company.  In addition, you will need to arrange to have an  Assessment of Attendant Care Needs (Form 1) completed.  This form must be completed by either an Occupational Therapist (OT) or a registered nurse.  In order to complete the form, the OT or nurse will carry out an assessment to determine what type of assistance you require and how often.

How much Attendant Care is payable?

The OT or nurse who completes the Form 1 will calculate a monthly hourly amount of assistance you require for each of the three different types of Attendant Care Benefits available (routine personal care, basic supervisory functions and complex health/care and hygiene function).  This hourly amount is then multiplied by the maximum hourly rate (established under the Guidelines of the legislation) for each type of benefit to come up with a monthly Attendant Care amount.

However, that is not the end of the story.

The monthly Attendant Care benefit payable is subject to the following limits (assuming a Standard Policy  is in effect):

• No Attendant Care Benefit is payable for a Minor Injury
• The maximum monthly amount payable is $3,000.00 for a non-minor, non-catastrophic injury
• The maximum monthly amount payable is $6,000.00 for a catastrophic injury
• Attendant Care Benefits are available for 2 years following the motor vehicle accident for non-minor, non-catastrophic injuries to a maximum of $36,000.00
• For catastrophic injuries, there is no time limit and the maximum payable is $1,000,000.00

If you have been involved in a car accident and are struggling with some basic personal care tasks, there is a good chance you are entitled to receive help which will be covered by the Attendant Care Benefits available under your insurance policy.  To ensure you are receiving all of the benefits you are entitled to or to get help arranging an Attendant Care assessment, it is important to speak with someone knowledgeable in the area of Accident Benefits.

Our team of experienced Ontario personal injury lawyers have the expertise to ensure you are accessing all the benefits available to you and would be pleased to sit down with you for a free initial consultation.

Snowmobiling in Ontario

According to Transport Canada, there are over 700,000 registered snowmobiles in Canada and over 161,000 km of snowmobile trails. Snowmobiling can be a great source of fun for families and individuals and a great way to get outside during the winter months.  However, before heading out, it is important to familiarize yourself with some basic safety precautions and to use common sense to avoid unnecessary collisions and injuries.

Snowmobiling Safety Tips

The Canadian Council of Snowmobile Organizations (CCSO) reports that it believes that there is a link between raising safety awareness among snowmobilers and decreased fatalities.
Following important safety precautions will help to avoid snowmobiling accidents and associated injuries, which may include broken bones, neck injuries, brain injuries, spinal cord injuries and/or psychological /emotional injuries.

Follow these safety tips as outlined by Transport Canada:

• Inform others of your destination and arrival time
• Inspect your snowmobile for mechanical integrity
• Wear appropriate clothing for the weather conditions to prevent yourself from getting hypothermia
• When riding, stay on the right side of the trail
• Stay within your riding capabilities
• At night, reduce your speed – your headlight limits how far you can see
• When riding over lakes and rivers be aware of ice conditions; always check with local authorities regarding conditions.  If riding over water, always wear flotation clothing
• Never operate a snowmobile if you are impaired by alcohol or drugs
• Snowmobilers are encouraged to belong to a recognized Snowmobile Club

Following these tips will help to minimize the chances of an accident.  However, if you or anyone you know has been involved in a snowmobiling accident, our team of experienced Ontario personal injury lawyers can help. Contact us online for a free legal consultation with an Ontario Injury Lawyer or phone 1-800-563-6348 to speak directly with one of our lawyers.

On behalf of the lawyers and staff at Ferguson Barristers, we want to thank everyone who worked with us to make 2011 a terrific year. Have a safe and joyous holiday season with best wishes for the New Year.

What does my business need to do to comply with accessibility customer service standards?

In general terms, the Regulation mandates that Ontario businesses that provide goods or services to members of the public must take the following steps:

• Establish policies, practices and procedures (“the 3 P’s”) regarding the provision of its goods and services to persons with disabilities
• Provide access to service animals and support persons
• Provide training to particular employees regarding the accessibility standards
• Establish a process for feedback regarding the provision of its goods and services to persons with disabilities

Additionally, businesses with at least 20 employees or more, must prepare written documentation with respect to each of these requirements and upon request, provide a copy to any person. Although not mandated, this is likely a good practice for all customer service businesses, regardless of their size, to assist with implementation and consistency.

How does a business set the 3 P’s?

The Regulation outlines the specific principles that a business must adhere to when establishing its policies, practices and procedures:

1. “The goods or services must be provided in a manner that respects the dignity and independence of persons with disabilities.
2. The provision of goods or services to persons with disabilities and others must be integrated unless an alternate measure is necessary, whether temporarily or on a permanent basis, to enable a person with a disability to obtain, use or benefit from the goods or services.
3. Persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services.”

Essentially, your business and employees need to make reasonable efforts to ensure persons with disabilities are treated in a manner which is consistent with the core principles of independence, dignity, integration and equality.

What special training will my staff require?

The legislation is very clear about the training required. Anyone who deals with members of the public or who is involved in the process of developing policies and procedures regarding providing goods and services to members of the public, will require training that 1) reviews the purposes of the The Accessibility for Ontarians with Disabilities Act, 2005, 2) reviews the requirements of Ontario Regulation 429/07 and 3) provides instruction on the following matters, as outlined in section 6(2) of Ontario Regulation 429/07:

1. “How to interact and communicate with persons with various types of disability.
2. How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person.
3. How to use equipment or devices available on the provider’s premises or otherwise provided by the provider that may help with the provision of goods or services to a person with a disability.
4. What to do if a person with a particular type of disability is having difficulty accessing the provider’s goods or services.”

By meeting these requirements, Ontario businesses are taking important steps towards providing and ensuring ongoing accessibility to persons with disabilities in Ontario.

Research the community.

Know where you’re going – each town is unique – it may be a pretty place to visit on a weekend, but  day to day needs and life will be entirely different.  Speak to practitioners who already work in that area – they don’t have to be potential employers, but they may well become your neighbours and fellow professionals if you decide to transition to the community.  (For all you know, one of the people you speak to may not have even thought about selling their practice or taking on a potential partner until you call.)

Be prepared to create and live with a higher profile in a smaller centre.

You can expect to become involved in the community, both on a personal and professional basis.  That is one of the best things about moving to a smaller centre, but it takes an adjustment.  The odds of meeting a client in the supermarket in a city are far lower than they are in a small town.  Be prepared to meet your clients on a more informal basis while you are out in the community.

Consider what you can offer as a potential buyer of a small firm.

Many practitioners who you may join in a smaller town will likely be looking at you as a potential buyer of the practice, but they may not have given it much thought.   Consider not only what they have to offer you in the practice, but what you could bring to the practice that would appeal to them.

Respect the historical reputation of the firm within the community.

They’ve been members of the community for years and will have pride in what they have built, so you will be under consideration not only as a buyer, but as an ongoing representative of what they have built in the community.  Whether you are taking over or building a successful practice in a smaller community, you are very likely going to find yourself an ambassador for your firm and your profession within that community.

In addition to any collateral benefits you may have access to (for e.g. a disability plan from your work), you may also be entitled to apply for Income Replacement Benefits (IRBs) under the Statutory Accident Benefits Schedule – Accidents on or after September 2, 2010.

This is the fourth installment in our series of discussions on No-Fault Benefits in Ontario and what the recent changes mean to Ontario motorists.

Who qualifies for Income Replacement Benefits?

In general, IRBs are available to personal injury victims who were employed at the time of the motor vehicle accident (including self-employed persons) and who, as a result of injuries sustained in the accident, “suffer a substantial inability to perform the essential tasks of their employment”. This is the definition that applies for the first two years following a car accident. After two years, the test changes and it becomes harder to qualify for IRBs. Specifically, the definition after two years is “a complete inability to engage in any employment or self-employment for which he or she is reasonably suited by education, training or experience.”

How much will I get?

Assuming you are eligible to receive IRBs, the amount you will receive depends on a number of factors, including your pre-accident income, any other income available to you and whether you have purchased Optional Benefits . Key points to be aware of include the following:

• No IRBs are payable in the first 7 days following an accident
• For accidents occurring after September 1, 2010, the amount of the weekly IRB is based on 70% of your gross pre-accident weekly income, subject to the maximum amounts outlined below
• Under the Standard Limits, the maximum weekly amount payable for the first two years following the accident is $400 per week
• Optional limits increase the maximum weekly amount to $600, $800 or $1,000 per week (must be purchased prior to date of the car accident)

How do I apply for IRBs?

In order to receive IRBs, you will need to submit a completed Application for Accident Benefits. In addition, your insurance company will likely require that some, or all, of the following forms be completed:

• An OCF-3 (Disability Certificate)
• An OCF-2 (Employer’s Confirmation Form)
• An OCF-10 (Election of Income Replacement, Non-Earner or Caregiver Benefit)

If you have been involved in a car accident and are unable to work, there is a good chance you may be able to receive IRBs. To ensure you are receiving all of the benefits you are entitled to as well as advice about filling out these forms and the impact of any choices you are required to make (i.e. choosing between Income Replacement, Non-Earner or Caregiver benefits), it is important to speak with someone knowledgeable in the area of Accident Benefits.

Our team of experienced Ontario personal injury lawyers have the expertise to ensure you are accessing all the benefits available to you and would be pleased to sit down with you for a free initial consultation.