Ferguson Barristers Supports “Ride For Dad”
The Ride for Dad is a fundraising event that supports
the Prostate Cancer Fight Foundation through annual local Rides.
The Ride for Dad event started in the early 2000’s as a motorcycle ride and raised over $20,000 for the Ottawa Regional Cancer Center. Since that time, there have been various Rides in over 30 cities in Canada raising over $9,000,000 for prostate cancer research and awareness. The events have grown to include motorcycle, snowmobile and watercraft events.
Georgian Bay Ride for Dad 2012
Ferguson Barristers is a proud sponsor of this year’s Georgian Bay snowmobile event, taking place on February 18, 2012. You can register for this year’s snowmobile event on the Ride for Dad website.
- The ride starts at the Town Docks in Penetanguishene, ON
- Registration is between 8-10 am
- Trail ride begins at 10am sharp
- Fee is $25 or free registration for those who raise over $100 in pledges
Ferguson Barristers has an ongoing commitment to support prostate cancer research and looks forward to a safe and fun snowmobile event. For more details on how you can get involved or to register for the ride, visit the Ride for Dad website.
Safe Winter Driving – Emergency Car Kit
Despite Wiarton Willie’s prediction this morning of an early spring in Ontario, there is still reason to be prepared for more winter driving. Winter driving can be tricky, especially in Central Ontario, with sudden changes in the weather and the road conditions. One way drivers can be prepared for any eventuality is to have an emergency kit in their car.
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.
Costs in Ontario Small Claims Court
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)
When Rides Go Wrong
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. Continue reading “When Rides Go Wrong” »
What Happens if I need help Washing my Hair After a Car Accident in Ontario?
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.
Avoid Snowmobiling Accidents during Ontario Winters
Living in a rural northern area in winter can mean facing some harsh winters and chilly nights. For outdoor enthusiasts however, blankets of fresh snow mean the opening of snowmobile season and an opportunity to enjoy beautiful Ontario trails year round.
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.
Have a safe and joyous holiday season with best wishes for the New Year.
- 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.
Ontario’s Injury Lawyers Participate in Justicia Project
The Justicia Project
In 2008, the Law Society of Upper Canada formed the Justicia Project to examine this very issue in response to the Final Report of the Retention of Women in Private Practice Working Group, which identified that women lawyers appeared to have immediate issues resulting from childbirth and parenting responsibilities, and were impacted to a greater degree by the unavailability of flexible work arrangements.
What are the Project’s Goals?
Simply put, the goal of the Justicia Project is to assist with the development of principles and best practices designed to retain and advance women lawyers in private practice.
More than 55 firms, including Ferguson Barristers LLP, have committed to the project and are working toward the following 4 goals:
- tracking gender demographics
- flexible work arrangements
- networking and business development
- mentoring and leadership skills development for women
What has the Justicia Project been doing?
Since 2008, members of the Justicia Project have participated in various working groups to develop resources for participating law firms and lawyers to help address the particular challenges faced by women in the profession. The June 2011 Status Report of the Retention of Women in Private Practice Working Group identified over a dozen resources prepared by Justicia Project members.
In October 2011, Convocation approved the extension of the Justicia Project until the end of 2012. Project members are once again meeting regularly to complete ongoing work and develop further resources.
Retaining women in private practice throughout Ontario is vital to maintaining balanced representation and Ferguson Barristers is proud to be participating in this important initiative.
Highlights of New Accessibility Standards For 2012
As of January 1st, 2012, there are new accessibility standards that various Ontario businesses will have to meet pursuant to Ontario Regulation 429/07. Although these standards have applied to various public organizations since January 1, 2010, the effective date for other customer service businesses is this upcoming January. Consequently, any Ontario business that provides goods or services to members of the public (or to other third parties) and has at least one employee needs to take the appropriate steps to comply with these standards designed to achieve accessibility for Ontarians with disabilities.
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.
Continue reading “Highlights of New Accessibility Standards For 2012” »
What young lawyers in Ontario need to know about practicing law in rural communities
This blog is based on the thoughts and contributions of a number of the practitioners who presented with me at the recent Articling and Beyond Symposium presented by the Law Society of Upper Canada.
A valid concern of many lawyers thinking about moving to a smaller community, is the lack of a support network. However, in this technology driven world, many of these concerns can be addressed by cultivating connections by using digital networking tools such as Linkedin or Twitter. Attending events within the community prior to your transition will also help you seize opportunities to become acquainted with lawyer contacts within the community.
Here are some other key takeaways brought forward by some of the panelists at the recent Articling and Beyond Symposium presented by the Law Society of Upper Canada:
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.