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If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care for you or your loved one upon release from the hospital? How do you access future health care service providers such as nurses, physiotherapists or personal support workers? Who will pay for those services? What insurance benefits are you entitled to? What do you have to do to receive those benefits?

When you buy a home the first step is usually to sign an Agreement of Purchase and Sale. This agree ment outlines each person’s rights and obligations and sets out what must happen before final closing. As such, it is generally a good idea to have the Agreement reviewed by a lawyer before you sign the agreement. This will help to prevent you from agreeing to something not in your best interests. This is particularly important when buying a new home from a builder because of the numerous and lengthy provisions in the agreement, especially those relating to extra charges and changes to the closing date.

The recent case of Clark v. Kwasney decided by Mr. Justice Reid here in Hamilton further emphasizes the difficulty of establishing “squatters’ rights”. Counsel (Bordin) was unable to convince their clients to settle and therefore the matter proceeded in an expeditious manner to a hearing. The result was a split decision. The fenced area was lost and the unfenced area remained as per the deeds.

A Power of Attorney for Property may save substantial time and money in the event of incapacity or an extended time away from home and is relatively inexpensive. The word Attorney in this context does not mean lawyer. A Power of Attorney for Property is a simple written document that allows someone else financial management of some or all of your property while you are alive. It can become effective now and continuously, for a limited time, or only in the event of incapacity. It can be limited to dealing with all or only certain assets of yours.

In McIntyre v. Grigg et al (2006) 83 O.R. (3d), 161, the Court of Appeal, for the first time, considered the issue of whether punitive damages were available in the context of a motor vehicle accident claim. I had the privilege of arguing this appeal after my partner David Smye obtained a very favourable verdict from a Hamilton jury. While the majority in the Court of Appeal upheld the jury’s award for punitive damages, the quantum of the award was reduced substantially.

In tort law, there are few areas that are subject to as much judicial and legislative attention as liability of public authorities for the design and maintenance of roadways. This is a field of law that is very much driven by statute. The Municipal Act, 2001, SO 2001, c 25 and the Public Transportation and Highways Act, RSO 1990, c P.50 and regulations made under those Acts contain a number of provisions that potentially shield road authorities from liability for otherwise negligent actions or omissions. Those provisions are not infrequently varied, changed or repealed. Any change can lead to uncertainty and litigation.

Imagine yourself standing at the bakery counter of your local grocery store. There is a sign that reads bread is 15% off. You ask for a loaf but notice that the baker has cut it in half. Fifteen percent off but for half a loaf. You say that you want a full loaf. The baker says that would cost an extra 30%. Would you buy the loaf? Of course not. The only person benefiting from this deal is the baker. Yet, this is what Premier Wynne has put onto the people of Ontario when it comes to auto insurance. Here is how it works if, for example, a car driver ran a stop sign, broadsided your vehicle and you were injured.

According to the Canadian Institute for Health Information, across Ontario in 2002-2003 there were 8,698 Emergency Room visits due to playground related injuries. Of those injuries, 590 resulted in a hospital stay of at least one night. The majority (56%) of injuries occurred among children between the ages of 5 and 9. The majority of injuries were orthopaedic in nature, mostly upper extremity. However, there were also 131 reported head injuries.