Serious injuries caused by slip and fall accidents - know your rights - Ottawa accident lawyer Marc-Nicholas Quinn

Serious injuries caused by slip & fall accidents - know your rights - Ottawa accident lawyer Marc-Nicholas Quinn

Slip and fall accidents can be very serious. Every year, many people in Ontario are injured, often seriously, after slipping and falling on wet, icy or slippery surfaces found indoors and outdoors. Others are serious injured because of tripping on objects or uneven surfaces found on sidewalks, stairs, roadways, aisles and parking lots. Falls can occur anywhere and are unpredictable. They occur in businesses, inside stores, parking lots, homes, institutions, walkways, sidewalks or any other property or part thereof.

At Plant Quinn Thiele Mineault Grodzki, PC, we handle all types of accident cases and specialize in slip and fall and trip and fall cases, among other injury cases. The most common injuries we see resulting from falls are fractures, broken bones, spinal injuries, back injuries, disc protrusions or bulges, head injuries, strains, sprains and a wide variety of soft tissue injuries. In some cases the injuries can result in permanent disability and develop into pain syndromes, chronic pain syndrome or fibromyalgia. The severity of pain that one can experience varies with each injury. However, every client suffers pain and are entitled to recover damages. In many cases, the injuries are so serious that it causes a person to be permanently unemployable.

We can help you obtain the compensation you need to deal with the financial impact of injuries. If you have suffered injuries because of a slip and fall, a trip and fall or any other type of accident because of someone else’s negligence, you entitled to compensation for your pain and suffering, your loss of income, out of pocket expenses and medical expenses amongst other types of damages.

Contact our law firm to speak to one of our injury lawyers free of charge. Our consultations are free and we offer No Fee Until You Win arrangements. Let us review the facts of your case and provide you with an opinion. Call us at 613-315-4878 or 613-563-1131: Marc Quinn, Ottawa Accident and Injury Lawyer who has handled hundreds of slip and fall and trip and fall cases. He is a lawyer, mediator and law instructor.

Ottawa sexual assault - sexual abuse lawyers - Helping victims of sexual abuse receive compensation and justice: by Marc-Nicholas Quinn

Ottawa Sex Assault and Abuse Lawyers - Obtaining Justice for Victims of Assaults

Our Ottawa sexual assault and sexual abuse lawyers offer victims of assault, sexual assault, rape and sexual abuse a legal means of obtaining fair compensation and an opportunity to exact justice against the abusers. We provide compassionate and respectful guidance and representation in all aspects of a court action against the all those responsible for the sexual assaults.

Victims of sexual abuse can often pursue their abusers long after the acts were committed. If you were abused as a child, teenager or an adult, we can provide meaningful guidance and explain to you your rights against the individual (strangers, former friends, co-workers, family members) institutional (schools boards, churches, camps, care facilities and their employees, agents and assigns) and governmental (children’s aid societies, government departments and department heads) abusers. Through legal principles such as tort law, contract law and fiduciary obligations, we can help you obtain compensation from the abusers. Pursuing civil remedies against abusers through the civil courts is different than pursuing them in the criminal courts. As a victim, you have the right to pursue the abusers regardless of the outcome of any criminal proceedings.

The compensation we seek on behalf of our clients will never satisfactorily address the profound wrong done, but it can help alleviate some of the stresses such as expenses needed therapies, living expenses, loss of income and medical expenses. The goal is to have our clients put back as close as possible to the financial position he or she would have been in had the abuse not occurred. It is never possible, though money alone, to remedy the act of abuse or the impact of abuse; compensation is one way the justice system can assist victims. The types of compensation that may be awarded include general damages for pain and suffering, therapy and counselling expenses, losses of income, our of pocket expenses and legal expenses. In many cases punitive and aggravated damages can also be awarded to particularly punish the abuser.

The consequences of sexual abuse are complicated, devastating, profound and long term. It is impossible to compare the impact of sexual abuse to any other form of personal injury. That is why at our law firm, we handle sexual abuse cases with particular care and compassion and take steps specifically assessed for sexual abuse cases.

If you need the help of experienced, dedicated, compassionate and understanding personal injury lawyers to obtain the compensation you deserve because of the wrongful and criminal act of another, contact us for a free consultation. We often take on sexual abuse cases on a No Fee Until You Win basis. Call us at 613-563-1131, Ottawa Personal Injury Lawyers. By: Marc-Nicholas Quinn.

When do I need an Ottawa injury lawyer? by Marc-Nicholas Quinn, Ottawa accident and injury lawyer and mediator

When Should you Consult a Personal Injury Lawyer?

If you feel that you are unable to handle the file yourself for any reason, you should consult a lawyer right away. We recommend that you never represent yourself in a personal injury matter, although you are free to do so. There are some types of injuries or accidents that almost always require that you consult a lawyer. For instance, motor vehicle ( car accident ) cases are particularly complicated with numerous pitfalls that can hinder or kill your case. The skills of a lawyer who focus on accident and injury cases are well worth the money you may pay for legal representation. Most personal injury lawyers work on a contingency fee basis, meaning they charge nothing unless there is a settlement.

In many cases, you may need a lawyer because of complex legal rules involved in the case, because of the nature of the accident, because of the severity of your injuries or simply because you need to know your rights and know if you are receiving fair compensation. In many cases, you require an accident lawyer because your case has been denied. In some cases, you need an injury lawyer to deal with an insurance company (sometimes your own) who refuses to settle a matter or will settle, but not fairly and in good faith.

If you think you need an injury lawyer, chances are you do. We offer free consultations and NO Fee Until you Win arrangements. Call us at 613-315-4878 for a free consultation.

Congratulations to Marc-Nicholas Quinn and his Ottawa Injury and Accident Lawyers Team- More than $1.6 million in settlements in the last 60 days

At Plant Quinn Thiele Mineault Grodzki, we take great pride in our accomplishments. We work very hard to represent injury victims and their families who have suffered financial, emotional, social and psychological harm because of the negligence or wrongful intention act of others. Our team was successful in obtaining more than $1.6million dollars in settlements for our clients in the last 2 months days alone.

Our accident and injury litigation and settlement team manager, Marc-Nicholas Quinn, is proud to support Mikolaj Grodzki of our law firm. Mikolaj, with a particular interest in helping motor vehicle accident / car accident victims, has supported many of our clients and their families. He has gone well beyond what is expected of him, carrying the files for years and never giving up. We have received many letters of thanks and appreciation of Mikolaj's efforts in supporting injured clients. At our downtown Ottawa injury law firm, we know that our success is measured by the success of our clients and we work hard to settle cases so that our clients are saved the stress and cost of litigation. If litigation is warranted, we have no fear of litigation (to use a common term "been there, done that"). However, as a great supporter of alternative dispute resolution methods, we often are able to settle cases without litigation or a lawsuit being commenced; and if litigation is needed, cases often settle early in the process at steps such as mediation.

If you have been injured in an accident, please call us for a free consultation. We take on cases on a contingency fee basis. We believe that we should not be paid if our clients are not compensated. We only get paid if our clients receive compensation. Call us at 613-315-HURT or 613-563-1131. Marc-Nicholas Quinn, Ottawa accident and personal injury lawyer, mediator and law instructor.

Dog Bite Lawyers in Ottawa Explain Rights of Dog Attack Victims: by: Marc-Nicholas Quinn, Ottawa Injury Lawyer

Ottawa dog bite lawyer - Rights of victims of dog bites and dog attacks: by Marc-Nicholas Quinn, Ottawa accident and injury lawyer

Dog attacks occur every day and each year thousands of people are seriously injured by a dog bite or attack. In many cases, dog bite claims are advanced to recover damages for pain and suffering, mental suffering, loss of income, medical expenses and other out of pocket expenses.

The laws applying to dogs and their owners in Ontario are found in the Ontario Dog Owners Liability Act and local by-laws. Cases have interpreted the Dog Owners Liability Act to impose strict liability tort principles on owners of dogs, meaning essentially that if a dog injures someone, the owner is presumed liable.

In a dog attack case, the burden of liability is different than in other tort claims. Once the victim identifies the dog that bit or attacked them, then proves the injuries, the dog owner is liable to pay damages. The amount of damages is then assessed.

What does strict liability mean? It means that the owner is liable for any attack or bite regardless of whether or not the owner knew the dog was dangerous. The dog owner can claim contributory negligence on the part of the person who was injured by the dog. If the dog was provoked, this can also be used as part of claiming contributory negligence.

In most cases, dog bite lawsuits are settled by insurance companies out of court. Most home owner’s liability insurance policies cover claims by dog attacks.

Dog owner liability is a complicated area of law. It is highly recommended that you retain an experienced personal injury lawyer who has handled dog bite and attack cases to represent your interests.

As personal injury lawyers, we work on a contingency basis. That means that we do not charge you unless we obtain a settlement for you. If you recover nothing, then you owe us nothing.

Call us today for a free consultation at 613-315-4878 or 613-563-1131. Marc-Nicholas Quinn, Ottawa dog bite lawyer. www.ottawapersonalinjurylawyernetwork.com.


“The contents of this blog and any related web sites are provided for informational and educational purposes only. The content is intended for educational benefit only. The information provided is not intended to replace or substitute in any way for advice of a lawyer familiar with the specific facts relating to your particular circumstances. The information provided is of a general nature and may not apply to your circumstances. We encourage you to contact a lawyer immediately to determine your rights and how the law may apply to you. Although we try to keep our information accurate and current, information provided here is subject to legislative acts and amendments; recent court decisions; the particular circumstances of a given case; and other factors which may render it inappropriate for your particular circumstances. Given the different possible applications and interpretations of the law to your particular circumstances, you are urged to consult a lawyer regarding the applicability of the information discussed on this blog and any related web sites.”

TENANCY TERMINATION PRIMER - RIGHTS OF TENANTS - BY MICHAEL THIELE

By: Michael K.E. Thiele
Landlord and Tenant Lawyer
Ottawa, Ontario


TENANCY TERMINATION PRIMER
Prepared for Presentation at the Ottawa Tenant’s Conference
September 25, 2010


INTRODUCTION

In Ontario, unlike in other Canadian provinces, a residential lease does not end at the conclusion of the term that is set out in the lease document. Without doing anything, and regardless of whether there is an agreement to renew the lease, a tenant’s lease continues on a month to month basis at the conclusion of the lease term. This is because the Residential Tenancies Act deems a lease to be renewed on the same terms and conditions that were in the expired tenancy agreement.

What this means is that a residential lease, in Ontario, continues indefinitely, until such time as it is terminated by a legally delivered Notice of Termination. This is a key aspect of what is known as “security of tenure”.


TENANT GIVING NOTICE TO TERMINATE

How then does a tenant end the indefinite perpetual lease? To end a lease, legally, a tenant must deliver a Notice of Termination to the landlord which specifies that the tenant is terminating the tenancy as of a date at least 60 days in the future. The termination date (the last day that the tenant intends to be in possession of the rental unit) that is set out in the notice must be the last day of the term–which normally is the day before the rent is due. A tenant may not give 60 days notice to terminate in the middle of a month or any other day of a month other than the last day of the term–i.e. normally the day before rent is due.

It is important for tenants to understand that the right to terminate a tenancy on 60 days notice is restricted and only available when the tenant is on a month to month lease or for the end of a term of fixed term tenancy. In short, if a tenant is on a fixed term tenancy, the soonest that the lease may be terminated–by notice– is for the end of term. Hence, if a tenant has signed a lease for one year, six months, two years, etc., the earliest that the lease may be terminated by notice from the tenant is for the end of that fixed term.


AGREEMENT TO TERMINATE

What of the situation where a tenant has signed a longer term lease but needs to move out? The first thing a tenant should do is consider speaking with the landlord to see if the landlord would agree to a termination of the tenancy early. If the landlord is agreeable to terminating the tenancy early then the landlord and tenant would sign an agreement to terminate. If such an agreement is signed there is no requirement to give a Notice of Termination.

SUBLETTING AND ASSIGNMENT

Where a landlord will not agree to an early termination of a fixed term tenancy the law provides that a tenant may then seek to assign or sublet their tenancy. The rules relating to subletting and assigning are indeed fairly technical and detailed and beyond the immediate scope of this paper. However, by overview, a sublet is a situation where a tenant finds a person to assume their tenancy for a period of time (while they are away) and then returns to resume the tenancy at some later date. The tenant must obtain the landlord’s consent to a sublet–though the law requires the landlord to not unreasonably or arbitrarily withhold consent. Throughout the term of the sublet, a tenant remains liable to the landlord for the rent and for the conduct of the subtenant. As such, if a tenant is going to sublet it is very important to carefully select the subtenant as the tenant will be financially responsible for the actions of the subtenant and the subtenant’s guests.

If a tenant has no intention of returning to the rental unit, then the other possibility provided for in the law is for the tenant to assign the tenancy to a new person. In an assignment, a tenant in fact transfers a tenancy to a new person. The new person steps fully into the shoes of the old tenant and assumes all responsibility and liability for the rental unit. Therefore, the old tenant ceases to be responsible for the premises upon the lease being assigned to a new person. A landlord does have the right to refuse an assignment (generally) and also specifically to proposed new tenants. Where the landlord refuses to allow an assignment generally–the law then allows the tenant to terminate the tenancy early. Where a landlord unreasonably refuses an assignment to a specific person a tenant may seek an Order from the landlord and tenant board to authorize the tenancy or alternatively to terminate the tenancy early.

TERMINATION OF TENANCY BY LANDLORD

Security of tenure and the presumption that a lease continues indefinitely is of course not absolute. A landlord may terminate a tenancy for “fault grounds” as well as for “no fault grounds”. In the case of both fault and no fault grounds a landlord must serve a tenant with a Notice of Termination. This Notice is in a format provided by the Ontario Landlord and Tenant Board and the exact wording on the forms is provided by law. A landlord is not permitted to simply make up their own Notice of Termination.

A Notice of Termination given to a tenant, by a landlord, has very strict and technical requirements. The slightest error in the Notice of Termination can make the notice void–meaning that it is invalid and the landlord has to start all over again. The reason for the strict requirements is that the law in Ontario is structured to maintain tenancies so that persons are not evicted from their homes.

It is important to understand that the Residential Tenancies Act sets out all of the reasons for which a landlord is permitted to terminate a tenancy. If a landlord wishes to terminate a tenancy for a reason that is not provided in the law the landlord is prohibited from doing so. Just because a landlord wishes to end a tenancy does not mean that the landlord can legally do so. The reason for wanting to end a tenancy must be provided for in the law, otherwise, a tenant is fully within their legal rights to continue the tenancy even over the objections of the landlord.

TERMINATION FOR Non-Payment of Rent

The most common fault based Notice of Termination that is served by a landlord is a Notice of Termination for Non-Payment of Rent (Form N4). This Notice, as do all the other types of Notices, contains a termination date. The “termination date” is the date that the tenancy ends, and is the date that the landlord expects the tenant to vacate the rental unit. The amount of time between the tenant receiving the Notice of Termination and the Termination date varies depending on the type of Notice of Termination being served. In the case of a Notice of Termination for Non-Payment of Rent, a tenant will receive a minimum of 14 days between the date of service of the Notice and the Termination date contained within the N4–Notice to Terminate.

OTHER FOR “FAULT” TERMINATION NOTICES

Other fault grounds on which a landlord can serve a Notice of Termination include: termination for substantial interference with reasonable enjoyment (form N5), termination for committing an illegal act (form N6), termination for misrepresentation of income (form N6), termination for impairing safety of other tenants (form N7), termination for willful damage of property (form N7), termination for persistent late payment of rent (form N8). Each of these Notices of Termination have different termination dates and each have specific and unique requirements.

Some of the Notices, like the N4 and N5 are voidable notices meaning that a tenant is permitted to correct the behaviours complained of and maintain the tenancy. Other Notices are not voidable–meaning a tenant has no opportunity to correct their behaviour to maintain the tenancy.


WHAT TO DO WHEN RECEIVING A FAULT TERMINATION NOTICE

Just because a tenant receives a Notice of Termination from their landlord does not mean that the tenancy is ended. Please remember that each Notice of Termination contains important instructions that outline some of the tenant’s rights. Most importantly, if a tenant disagrees with the contents of a Notice the law allows them to remain in the rental unit. If a landlord still wants the tenancy terminated the landlord is forced to apply to the Ontario Landlord and Tenant Board to get an Order to evict the tenant. This application is done with notice to the tenant and a hearing is held in front of an adjudicator (like a judge). At the hearing, the landlord has the burden of proof to prove that the tenant has done the things alleged in the Notice of Termination. A tenant has the right to cross-examine the landlord and his or her witnesses and to challenge the landlord’s evidence. The tenant, along with his/her witnesses also get to testify and tell the adjudicator what actually happened, if anything.

The adjudicator, based on the evidence will decide what the accurate facts are and will decide what the penalty should be if it is found that the tenant did the things as alleged in the Notice of Termination. Be aware, that an adjudicator has the discretion to NOT evict someone even if the landlord proves the allegations against the tenant. Just because a landlord proves an allegation does not mean that it is appropriate for a tenant to be evicted for that transgression. A good example is in a case of non-payment of rent where a tenant is in arrears of rent due to the loss of a job, illness, or some other misfortune. While the landlord can prove non-payment of the rent, the Landlord and Tenant Board, instead of ordering eviction for non-payment of rent, can order the landlord to accept a comprehensive payment plan that takes into account future rent obligations and the arrears. Such a payment plan can allow a tenant to maintain their tenancy even though the rent has not been paid on the due date.

The caselaw is full of examples of adjudicators exercising their discretion to not evict a tenant. Sometimes eviction is simply too harsh a consequence for the transgression that is alleged. Sometimes the transgression arises from a disability or health condition that is beyond the control of the tenant and hence it would not be appropriate to evict if a suitable alternative can be found. Other times, an adjudicator can be convinced that the transgression was an anomaly, is unlikely to happen again, and accepts the remorse of the tenant. In those instances an adjudicator can refuse the eviction on the simple basis that the tenant is being given a second chance.

Because of the broad powers that an adjudicator has it is a mistake for a tenant to act as their own lawyer when receiving Notices of Termination. A tenant simply can not know the full range of options and possible outcomes no matter how obvious the situation may seem. When the situation is serious a tenant should always seek legal help. Legal help is available from community legal clinics, duty counsel at the landlord and tenant board, and from private lawyers (like the author of this paper). It is always worth it to at least make some cursory inquiries before reacting to a Notice of Termination or making any kind of deal with the landlord. Be informed—know your rights!


“NO FAULT TERMINATION” BY LANDLORD

No fault termination of a lease is a situation where the landlord can terminate a tenant’s lease for grounds that have nothing to do with the conduct of the tenant (i.e. non-payment of rent, interfering with reasonable enjoyment, etc.). People often believe that one of the no fault grounds for termination of a lease is when the lease term expires. As stated earlier in this paper, the right of a tenant to occupy a rental unit does not end with the expiry of a fixed term lease. By law, the lease continues on a month to month basis until such time as it is terminated by a valid legal notice the grounds of which are provided under the Residential Tenancies Act.

So, if the end of the term of a lease is a not a basis for a landlord to terminate a lease on “no fault” grounds—what is? The most common such Notice of Termination is a termination for a landlord’s own use or for purchasers own use. A Notice of Termination for Landlord’s own use (purchasers use) is served in Form N12. Like the Notices of Termination for cause, the requirements of the Notice are very strict and if the landlord makes a mistake in the Notice the entire Notice can be void and the landlord would need to start over from the beginning. Where a landlord wishes to take over the premises for his/her own use the landlord needs to give the tenant 60 days of notice. The last day of the notice period must be at the end of the term, must be given so that the landlord can use the premises for residential purposes, and must be given in good faith.

Because the Notice is not given for anything that the tenant did or did not do, there is no opportunity to void the notice or to continue the tenancy. Note that a way to protect against receiving this type of Notice of Termination is to enter into a fixed term tenancy. A landlord is not able to terminate a fixed term tenancy, on no fault grounds, before the end of the fixed term.

Because the termination on no fault grounds does not depend on the conduct of the tenant, this type of notice of termination is more susceptible to abuse by landlords who simply wish to see a tenant leave. What should a tenant do if they suspect that a landlord has served an N12 in bad faith?

Firstly, a tenant should know that receiving a Notice of Termination, based on a no fault ground, does not require the tenant to move out by the termination date stipulated in the Notice of Termination. A tenant may choose to remain in the rental unit and require the landlord to proceed to the Landlord and Tenant Board to obtain an Order terminating the tenancy. In many cases the landlord will be successful—however, there are exceptions. A tenant may defend a landlord’s application on the basis that the Notice of Termination was not served in good faith, that the landlord (or designate) does not intend to occupy the premises for residential purposes, that the Notice of Termination was served because the tenant was pursuing his or her legal rights, that the landlord remains in substantial breach of his or her obligations under the Residential Tenancies Act, that the tenancy should not be terminated in the exercise of the Board’s discretion, and that there are Human Rights Act grounds to maintain the tenancy.

The basis of a defence to a no fault termination will of course depend on the facts and circumstances of each tenancy. Sometimes, the defence can be as simple as a request for more time----a prime example being to maintain the tenancy to the end of a school year to allow a tenant’s child to finish up in the same school.

OTHER NO FAULT TERMINATION BY LANDLORD

Aside from a no fault termination for Landlord’s own use/purchasers own use, the other no fault ground includes a termination for demolition, conversion, or repair of the rental unit. This type of Notice is served in form N13, and like all of the other forms contains varying notice periods and strict requirements in order for the notice to be valid. If the landlord fails to comply with the strict requirements of the form it will be void and the tenancy cannot be terminated until a proper new notice is served that gives the tenant the proper full notice. The form itself contains information for the tenant, and again a tenant is not required to move out as a result of this notice. A tenant may demand that the landlord proceed to a hearing before the Ontario Landlord and Tenant Board and a tenant may defend against the termination of the tenancy.

THE LANDLORD HAS AN ORDER---WHAT NOW?

If the landlord served a Notice of Termination (fault or no fault), then filed an application to the Ontario Landlord and Tenant Board (in Ottawa, Ontario, it is located at 255 Albert Street, 4th Floor), and proceeded to a hearing that the tenant attended or failed to attend, then the Ontario Landlord and Tenant Board will have proceeded to make an Order. The Order is mailed to the landlord and to the tenant.

The Order recites the names of the landlord and tenant, and the address of the rental unit. The Order will state the reason for the landlord’s application. Thereafter, the Order will state who was present, who the witnesses were, what the evidence in support of the application was and what the evidence in support of the tenant was. The Order will then make findings of fact—which essentially is a weighing of the evidence with the adjudicator choosing between contradictory information that was provided through the witnesses. The findings of fact then lead to the adjudicator making a legal conclusion—which is the decision. Usually under a heading entitled “It is Ordered that” the adjudicator will either dismiss the application or state that the tenancy is terminated and provide a time that the tenant must vacate the unit by failing which the landlord may get the sheriff to enforce the eviction. Note that the under this same heading the adjudicator may exercise his or her discretion and set out a series of conditions that, if followed, will allow the tenancy to continue.


CHALLENGING THE ORDER (REVIEW & APPEAL)

It is important for a tenant to know that an Order of the Ontario Landlord and Tenant Board may be challenged in two ways. The first way of challenging an Order is to seek a Request to Review . The Request to Review procedure is designed to allow a person to bring to the Board’s attention that a serious error may have occurred in the proceeding. If a party can establish that there was a serious error then the Order may be set aside and a new hearing may be granted. The nature of what constitutes a “serious error” is undefined . However, a “serious error” would include a situation where a party did not get notice of a hearing or was unable to participate in the hearing through no fault of their own. A Request to Review is fairly technical and it must be completed fully and thoroughly in writing upon filing of the request. If the review request fails to substantiate a preliminary finding that there was a serious error then there is a substantial risk that the Board would refuse the Request to Review without scheduling a hearing.

If an adjudicator is satisfied that there was a serious error in a proceeding then the Order that flowed from the flawed proceeding will be set aside. For the most part, the Board will then proceed with a hearing de novo—a new hearing---where all of the evidence must be called again and the matter is fully reheard.

APPEAL TO DIVISIONAL COURT

The other recourse to challenge an Order of the Landlord and |Tenant Board is to appeal the decision to the Superior Court of Justice (Divisional Court). An appeal to the Divisional Court may only be taken on errors of law—meaning that findings of fact may not be challenged before the Divisional Court. In the event that the Divisional Court finds that the Landlord and Tenant Board did commit an error of law in reaching the decision the Court may affirm, rescind, amend or replace the Order under appeal or it may remit the matter back to the Board with the opinion of the Court. An appeal to the Divisional Court is pursued in accordance with the Rules of Civil Procedure and the full formality of the civil court process is required to be followed.


THE SHERIFF

In the event that an eviction Order is upheld with no Request to Review nor Appeal being successful, a landlord will eventually direct the Sheriff to attend the rental unit to grant vacant possession. When the Sheriff is directed to give vacant possession the procedure that is followed, almost always, is that the Sheriff will attend at the rental unit and will post a Notice to Vacate on the rental unit door. The Notice to Vacate normally provides the tenant with 7 days to vacate the rental unit and it will indicate when the Sheriff will return to enforce the eviction. On the date specified in the Notice, the Sheriff will return to the rental unit at which time the locks will be changed and the tenant and other occupants will be physically removed if necessary. The Sheriff will give the landlord a certificate confirming that the landlord is in vacant possession of the premises. Thereafter, if the tenant returns or enters the unit, the tenant will be trespassing and may be arrested for being illegally in the rental unit.

Be aware, that in Ontario it is only the Sheriff that is empowered to enforce eviction Orders from the Landlord and Tenant Board. A landlord is not permitted to enforce the eviction order by himself or with the help of some friends.

Sometimes, tenants are taken completely by surprise and are in a state of disbelief when the sheriff actually physically removes them from their home. In those instances, arrangements have not been made to remove personal property and possessions. The Sheriff only removes people from rental units and not personal property. To deal with this situation the Residential Tenancies Act allows a tenant a short period of time, after physical eviction, to get their personal property out of the rental unit. After this period of time the landlord is allowed to throw it out, keep it, or sell it. In these circumstances it is best to obtain immediate legal advice on an urgent basis.

CONCLUSION

People are often left with the impression that landlord and tenant issues are straightforward and that they can resolve the issues themselves. In fact, the law respecting Notices of Termination is highly complex and ever evolving. It is simply not realistic for a lay-person to represent their own interests especially when the security of their home is at stake. Given the legal implications and possible eviction flowing from a Notice of Termination it is always advisable to get legal advice prior to proceeding to a hearing in front of the Ontario Landlord and Tenant Board.


Michael K.E. Thiele
Lawyer
Plant Quinn Thiele Mineault Grodzki PC
310 O’Connor Street, Ottawa Ontario
K2P 1V8
Tel: 613.563.1131
Fax: 613.230.8297

Ottawa Car Accident Lawyers - Ottawa Trip and Fall Lawyers - Use of Experts in Personal Injury Cases - by: Marc-Nicholas Quinn - Pembroke Lawyers

Ottawa Car Accident Lawyers - Ottawa Trip and Fall Lawyers - Use of Experts in Personal Injury Cases - by: Marc-Nicholas Quinn

Suffering a personal injury (or injuries) can have a significant and sometimes life changing impact for the person affected and for their family. In such circumstances, as an injured person, you deserve the assistance of knowledgeable and experienced personal injury lawyers who will take all steps necessary to secure all compensation that you need and deserve. Your personal injury lawyer should try to achieve the best possible outcome for your personal injury claim. In most cases, this means soliciting the proper experts needed to assist in maximizing the compensation you deserve. As personal injury lawyers, we cannot determine certain aspects of an injured person’s claims without consulting certain personal injury experts. For instance, personal injury lawyers require health care providers to provide opinions on the injured’s person’s injuries, diagnosis, prognosis and treatments completed and to be completed. Injury lawyers require actuarial experts to calculate past and future losses of income and/or business losses. Accident lawyers require experts to calculate future costs of providing medical care. Experts are often needed to prove liability (an engineer who provides an opinion that stairs are defective for instance).

Courts and personal injury lawyers use experts in almost every injury case. Experts provide expert opinions upon which injury lawyers and courts can rely to make certain determinations such as liability, extent of injuries and amount of financial losses suffered. Experts can be qualified because of accreditation, education, experience and training or simply by specific experience in a given field. To give evidence, experts must be formally qualified as an expert by a judge if the matter is at trial. An expert witness, (sometimes called a professional witness) is a witness who, by virtue of their education, experience, training and skill is believed to have sufficient expertise and specialised knowledge in a particular subject beyond that of the average lay person. That knowledge is significant so that others, such as courts (judges) and lawyers can safely and with good conscience rely upon as expert evidence within the scope of the expert’s expertise to assist in making certain determinations about the case.

At Plant Quinn Thiele Mineault Grodzki PC, we will always take every positive step needed to ensure that your claim is handled the right way, including locating and hiring the best experts available to provide expert opinions and testimony required to maximize your chances of receiving fair compensation for injuries you suffer.

Call us at 613-315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com. Ottawa Accident and Injury Lawyers: www.ottawapersonalinjurylawyernetwork.com.

Ottawa Accident Lawyers - The use of future care cost and needs assessments and life planning reports in personal injury cases: by Marc-Nicholas Quinn

Ottawa Accident Lawyers - The use of future care cost and needs assessments and life planning reports in personal injury cases: by Marc-Nicholas Quinn, Personal Injury Lawyer and Mediator

Serious illness or personal injury can present a significant financial burden to an individual and/or their families. Future care expenses can often cost hundreds of thousands of dollars, and in the worst of cases, sometimes millions. In order to assess the costs of future care, personal injury lawyers turn to experts who complete thorough assessments of the associated costs an injured person is likely to incur in the future. Future care cost and needs assessments are completed based on published standards of practice for Life Care Planning. The assessments provide assessment and support of the costs of future care for an injured person's current and projected services, medical treatment, medical needs, equipment, therapies, interventions etc... The assessments are usually completed on the basis of attempting to assist an injured person to maximum independence, prevent functional deterioration and provide replacement services for those tasks the injured person is no longer able to complete.

The reports solicited summarizes a client’s future medical needs and expenses. Future care costs and needs assessments are valuable tools your personal injury lawyer can use during negotiations with opposing counsel, insurers and adjusters in or out of Court, at settlement conferences and in mediation sessions. The report, in addition to other valuable information, synthesises valuable medical and expense information from all data sources, including medical documents and quantifies recommendations to establish a comprehensive life care plan.

Costs of future care assessments involve a detailed assessment of the client’s functioning in areas such as medical needs, rehabilitation requirements, equipment needs, home support needs, renovation needs, attendant care requirements, medical devices needs, adaptation needs, vocational needs and environmental modification requirements.

Cost of Future Care Assessments consist of a comprehensive report based on a full functional assessment. They often involve full in home evaluation and consultation by health care professionals who help determine an appropriate plan of future care with all associated costs that entails. In turn, as personal injury lawyers, our job includes using the reports as one tool to obtain fair and reasonable compensation for our injured clients.

At Plant Quinn Thiele Mineault Grodzki PC, we are committed to providing expert advice on the legal issues relating to our injured client’s matters and when needed, we will retain the services of medical experts, rehabilitation and consulting services experts to assess the needs of the clients who retain us. Our team of legal professionals has extensive experience in planning and providing excellent legal services including the value of consulting other experts needed to maximize our client’s financial recovery and well being.

Future care cost and needs assessments and life planning reports are used for settlement and rehabilitation planning purposes. Our law firm is able to provide a unique and valuable service to our clients by locating and retaining experts who can complete the assessments and reports.

We refer such needed expert assessments to reputable multi disciplinary experts who consist of any combination of the following: social workers, speech-language pathologists, occupational therapists, physical therapists and other medical experts. These experts can provide valuable expert opinions and guidance based on their experience, training and research Our law firm provides reliable access to outside expert health care specialists who provide consultation, assessments, opinions and reports.

To learn more about how Plant Quinn Thiele Mineault Grodzki PC can assist you contact us by e-mail at mquinn@pqtlaw.com or call 613-315-4878 or 613-315-HURT. We offer free legal consultations and No Fee Until You Win arrangements where we charge nothing unless you win your case.

Why Chosee the Ottawa Car Accident Lawyers Network? Ottawa Injury and Car Accidents

The Ottawa accident lawyers of Plant Quinn Thiele Mineault Grodzki PC have successfully handled hundreds of auto accident and other personal injury cases and claims in Ontario. Our focus is accident and injury cases.

You can rely on our personal injury legal team and the expertise we have in personal injury law and auto accident claims. We negotiate excellent settlements and each settlement is suited to each client’s specific needs and situation.

Before you agree to be represented by anyone else, contact us at mquinn@pqtlaw.com to arrange for a free consultation and to obtain information about of No Fee Until You Win agreements and guaranty.

Our accident and personal injury lawyers handle all types of car, auto, truck, ATV, APV or motorcycle related accident case. Working with a qualified and experienced car accident lawyer is vital to obtaining fair and just compensation. Our experience and focus on accident and injury cases makes a difference. We invite you to call us and book a free consultation. If you are shopping around for an injury lawyer, give us a try.

Our accident and personal injury lawyers have settled millions of dollars worth of injury and accident claims and when it comes to experience and expertise, it matters. We have the experience and expertise to maximize recovery in accident and injury cases.

Let us show you how our car accident lawyers can defend your rights and secure equitable and fair injury settlements. We are proud to serve all of Ontario including Ottawa, greater Ottawa area, Alexandria, Arnprior, Belleville, Brockville, Clarence Creek, Cornwall, Embrun, Gananogue, Hawkesbury, Kemptville, Kingston, L’Orignal, Morrisburg, Napanee, North Gower, Pembroke, Perth, Peterborough, Picton, Prescott, Renfrew, Richmond, Russell, Smith Falls, Toronto, Tweed and all cities, communities, districts, municipalities, regions, towns, townships and villages in between.

We offer free consultations and No Fee Until You Win fee arrangements. Call us at 613-315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com. Marc-Nicholas Quinn, Lawyer, Mediator and Law Instructor.

www.ottawapersonalinjurylawyernetwork.com. Ottawa Personal Injury Lawyer Network.

Ottawa Car Accident Lawyers - Ottawa Injury Lawyers - What are the steps to transfer a personal injury file and claim from one lawyer to another?

Ottawa Car Accident Lawyers - Ottawa Injury Lawyers - What are the steps to transfer a personal injury file and claim from one lawyer to another - PART 2?

In summary, the steps are as follows:

1. Notify the former injury lawyer that you have retained a new injury lawyer;
2. Request for the physical file be transferred from your former injury lawyer to your new injury lawyer ( serve him with a direction seeking that the file be delivered to the new accident - injury lawyer );
3. Notify all parties of the change in injury lawyers;
4. If the matter is in court ( a statement of claim has been issued ), notify the court and all opposing lawyers that you have retained a new injury lawyer;
5. If there is objection from your former lawyer to hand over the physical file, negotiate the terms of the transfer of the file;
6. If negotiations fail and your former injury lawyer refuses to hand over the physical file, file a formal complaint with the Law Society of Upper Canada and file an application (or motion as the case may be) seeking a court order compelling your former lawyer to hand over the physical file - order for delivery of the file;
7. File an application for assessment, which is a court process allowing clients to challenge a lawyer’s accounts and claims for liens against files; and
8. Once the file is obtained ( voluntarily or by court order ), review the file.

If you choose to leave your current personal injury lawyer and transfer your injury claim to another law injury law firm, the process can be easy or quite complicated depending on your former lawyer. Your new injury lawyer will need the physical file from your former accident lawyer. Assuming you have paid any account rendered by your former accident lawyer, getting your file should be as easy as requesting it from your former injury lawyer.

Complications can arise because of issues such as whether you owe any money to your former lawyer and whether there is outstanding accounts owed to your former lawyer and whether there will be a dispute over any percentage billing or fee billing of the file (contingency fee agreements). In every case, if the matter is already in Court (a court action has been commenced) the client must notify the Court and all parties of the change of lawyers. As your new personal injury lawyer, we will file the needed documents with the Court and notify all parties. If your claim is not in Court and you are at the pre litigation stage, we will notify all the parties and insurers involved. We handle every step necessary to have the file transferred.

The physical file held with your injury lawyer is your property. You are entitled to your property and the lawyer is entitled to a copy of the file. Your new accident lawyer will need your file to continue prosecuting your injury case. Any delay in obtaining the file can, in some circumstances, be devastating. For example, a limitation period may be missed or a court event may be missed such as an appearance at a scheduled settlement conference. The faster you can obtain a transfer of the file, the better. If there is a dispute about the account or contingency fee arrangement, obtaining the physical file often becomes an issue. If you are caught in such a situation, your new injury lawyer has options to assist you: negotiating a settlement of the fee is always possible. Also, if the former lawyer is seeking a percentage of the recovery, that issue can be resolved in various ways (i.e. agree on an amount, agree on a percentage, agree to preserve the settlement funds until there is agreement or a court order determining the issue). If negotiation fails, a complaint to the Law Society of Upper Canada can sometimes assist. Also, an application to Court for delivery of the file and a determination of rights to the file is always available as well as an application for an assessment of the account rendered by the former accident lawyer. You can always ask the former injury lawyer to produce an account under the Solicitor’s Act of Ontario, and then proceed to assess the account.

At Plant Quinn Thiele Mineault Grodzki PC, we can assist you in transferring a personal injury file from your former lawyer to us as your new injury law firm. We handle all steps necessary to effect the transfer of the file. However, if the dispute with your former lawyer can be easily resolved, we often suggest that mediating or negotiating the issue is appropriate. If the lawyer client relationship has irrevocably broken down, we will take over the file under a new retainer agreement with you. We offer free consultations and No Fee Until You Win fee arrangements. Call us at 613-315-4878 or 613-315-HURT or e-mail us at mquinn@pqtlaw.com. Marc-Nicholas Quinn, Lawyer, Mediator and Law Instructor. Ottawa Personal Injury Lawyer Network.

Ottawa Accident Lawyers, Ottawa Injury Lawyers - Is it possible to fire my personal injury lawyer and hire a new personal injury lawyer?

Ottawa Accident Lawyers, Ottawa Injury Lawyers - Is it possible to fire my personal injury lawyer and hire a new personal injury lawyer? Transfer of a personal injury file from one accident lawyer to another - how to proceed?

Top reasons why clients want to change lawyers

From time to time, we are asked by new clients to take over carriage of their personal injury files from another personal injury lawyer. In all cases, the client is very unhappy with their current personal injury lawyer and have reached a critical point where the client and solicitor relationship has deteriorated.

In our experience, the main reasons a client wishes to change personal injury lawyers are as follows:

1. The lawyer will not work on the file and has improperly delegated the file to someone else in the office such as a paralegal or law clerk.
2. The client has tried for weeks and sometimes months to reach the accident lawyer or his assistant, to no avail. No explanation is provided for why the lawyer never calls back.
3. The file is passed from one accident lawyer to the next in the same law firm.
4. The file is not progressing at all.
5. The client receives no updates at all.
6. The delay in the case is not explained at all.
7. There is disagreement on the conduct / steps of the case.
8. The accident lawyer recommends a settlement that the client objects to.
9. The lawyer changes his view significantly on the merits of the case without any explanation.
10. The lawyer refuses to continue with the case.
11. The lawyer is charging much more money than was quoted.
12. The lawyer is rude or lacks compassion.

As a client, one or a combination of the above reasons may trigger you to re-assess your relationship with your accident lawyer. If you experience difficulties in your relationship with your injury lawyer and attempts to work out a solution fails, or if your relationship with your current injury lawyer has deteriorated to the point that you have lost confidence in your injury lawyer for any reason, we would be pleased to meet with you free of charge and discuss your options, including a transfer of your personal injury matter to our law firm.

Is it always appropriate to change personal injury lawyers?

As a word of caution, we mention that it is not always in your best interests to transfer your file to a new personal injury lawyer. In many cases, after reviewing the matter, it turns out, for various reasons, that it is in a client’s best interests to remain with their current personal injury lawyer. For example, after reviewing the situation, the file is actually progressing well, the former lawyer was doing a fine job with the file and the real issue was simply a lack of proper communication between the lawyer and client. If the client had been provided regular updates, all would be fine, or if the client was given an explanation for the delay, all would be fine.

In such cases, a meeting between the client and injury lawyer to discuss the issues often solves the problem. In some cases, the client may have unrealistic expectations about the time-line or result of their case. Again, a meeting with the injury lawyer to obtain answers can sometimes provide the information needed to resolve the lawyer client relationship. In some cases, a meeting between the lawyer and client can clear up any misunderstandings and expectations in the lawyer client relationship and the terms of the continued relationship can be agreed upon.

Every case of a request to transfer the file is assessed and considered on its own merits and once the relevant facts received. If, after considering all the facts, the former lawyer has and is not pursing the injury claim properly, we will entertain a request to transfer the personal injury file to our office.

What are the client’s rights when seeking to transfer the file

The client has the right to change lawyers. In a lawyer client relationship, as the client, you have certain rights and interests. You have, for instance, the right to a report on the status of your file from time to time and you have the right to request a copy of your file (or rather, you are entitled to your file and the lawyer is entitled to a copy of it). In most cases of a request for a file transfer, the lawyer will wish to impose certain conditions to transferring the file, usually pertaining to a protection of and/or payment of his/her legal account for legal services rendered. The conditions will depend on the nature of the retainer agreement; essentially was the retainer and fee on an hourly rate basis or on a result obtained basis.

There are some added costs to the client in that your new personal injury lawyer will have to review the file and obtain, as best as possible, the knowledge the former injury lawyer has about the file; obtained by a thorough review of the file and time spent with the client reviewing the facts and issues.

Changing injury lawyers is not very complicated, but it takes some times and the proper procedure must be followed.

At Plant Quinn Thiele Mineault Grodzki PC, if we agree to take over carriage of your file we will take all the necessary steps to have the file transferred to our law firm and we will negotiate the terms with your existing personal injury lawyer.

We handle most personal injury and accident cases on a contingency fee arrangement, meaning a"No Fee Until You Win" basis. Consultations with our injury and accident lawyers are free. If you desire to change your injury lawyer, please feel free to consult us, free of charge at 613-315-HURT or 613-315-4878, or by e-mail at mquinn@pqtlaw.com. Visit us at www.ottawapersonalinjurylawyernetwork.com.

Ottawa Accident Lawyers - Interesting article about lawyers

It's the end of the profession as you know it, lawyers told

With other options, clients expect more for less, professor says

Article by: Janice Tibbetts, Postmedia News

Lawyers are under a "huge threat" and risk being run out of business unless they come to grips with a new legal order instead of trusting that big profits will bounce back when the economy recovers, says a legal futurist.

"The genie is out of the bottle," warned Richard Susskind, who said Tuesday that the wide availability of do-it-yourself services and legal documents online, along with a growing trend to hire lawyers in India for a fraction of the cost, will force the profession to offer more for less.

"That is the mindset you have to have," Susskind, author of a provocative book called The End of Lawyers?, told the Canadian Bar Association. "What I find as I wander around is that there is no way back."

Susskind, an international speaker and professor at Oxford University in England who has made a bit of a splash in the legal world with his brand of futurism, noted that his audiences tend to be gatherings of senior lawyers who seem more interested in short-term profitability that the wave of the future.

"Leading firms are relying on the market returning," said Susskind, adding that the "old way of thinking" is gradually giving way to more openness because the traditional business is under siege.

Clients, in particular, are loathe to pay high hourly rates for routine services that they can source online or find offshore for a fraction of the cost, Susskind said.

The public is not only demanding more, but young lawyers are also questioning whether the business model is broken, whether fixed costs are too high, and whether senior partners care about the long-term sustainability of the profession, he said.

The bar association hired Susskind as a "special adviser" last year to help modernize the business in Canada, which has been slow to adopt new ways of doing business to compete with novel legal services.

Traditionally, lawyers have billed by the hour and clients pay for the whole package of services, without knowing whether they are getting value for their money.

Canadian lawyers have been considering following a growing trend in the United States of "unbundling" services by permitting clients to do some of the work themselves.

Critics, however, contend it could open up lawyers to legal problems of their own by offering advice on issues when they do not have the full picture.

Ottawa Accident Lawyers - Ottawa Injury Lawyers - Explain General Steps in Negotiating a Personal Injury Case and Car Accident Case: by: Marc-Nicholas

Ottawa Accident Lawyers - Ottawa Injury Lawyers - Explain General Steps in Negotiating a Personal Injury Case and Car Accident Case: by: Marc-Nicholas Quinn


If you have never been injured in a car accident or dealt with a lawyer involved in a personal injury claim or law suit, you have likely never been involved in the steps necessary in negotiating personal injury settlement. There is a particular process to settlement of a personal injury claim and unless you have been through the process before or trained to handle the claims process, you probably don’t know much about how the settlement process works.

In negotiating injury settlements, there are many pitfalls. It is always recommended that you retain the services of a personal injury lawyer / accident lawyer to advise you on every step of a personal injury claim arising out of a car accident or any other type of accident such as a general negligence claim, a slip and fall or trip and fall.

There are basic rules and procedures to follow when advancing a claim for compensation arising out of an accident. The initial step is to meet with and hire an accident lawyer - injury lawyer who will write a “demand letter” or “notice letter” which places the person at fault for the accident on notice of a claim being advanced for compensation. In a way, that initial letter formally starts the negotiating process because the insurance company involved will determine based on the basic facts if the claim has any merit at first instance. The initial letter should provide sufficient information to allow the insurance adjuster to commence an investigation into the accident and set aside a reasonable reserve of money to allow for fair compensation to be paid, if liability is accepted and settlement is possible. The letter should provide a concise summary of the basics facts of the person injured and of the accident, list injuries sustained, identify the person at fault and notify the person that compensation is being sought on certain legal grounds, usually on the grounds of negligence.

The demand or notice letter is the starting point to a series of communications between the insurance adjuster and you or your accident lawyer. The initial letter is important and is likely to be referred to at various points in the claims process. In some jurisdictions, pre-judgment interest runs from the date of the initial demand letter. It is recommended that the amount of compensation claimed is never revealed in the initial demand or notice letter. Rather, notice that certain types of damages are sought is sufficient. It is unlikely in any event that the amount of compensation sought is known since at the early stages, injuries have not yet healed and it would be impossible to quantify the compensation. When the injuries and impact on the injured person are fully known, commencing negotiation on the amount of compensation is possible. Remember that an insurance adjuster will never offer a settlement that is more that you request, so it is important that the letter seeking specific amounts of compensation is tendered only when all the facts are fully known and injuries have reached maximum recovery or what is sometimes called “crystallization” (i.e. injury will never get better or worse - maximum recovery has occurred).

Generally, the insurance adjuster will provide a counter-offer which will be lower than your offer. A series of negotiating telephone conversations or letters between your accident lawyer and the insurance adjuster will follow. In response to a counter-offer, it is important to lay out the strengths of your case and the weaknesses of the opposing party’s case as well as address any problematic issues about your case.

In the end, the amount of compensation will depend on many factors such as the quality of your personal injury lawyer, quality of the evidence in support of your case, the types and extent of injuries sustained, quality of supporting documents for each head of damages claimed, quality of any experts retained and quality of their reports and degree of the past, present and future impact of the injuries on your life. Calculating what is fair and reasonable is not easy but a reputable and experienced personal injury lawyer can provide a fairly accurate range for settlement purposes, based on review of your entire file, experience and legal research. Your accident lawyer’s job, in part, is to obtain the highest possible settlement for you based on the facts of your case.

Regardless of the strengths and weaknesses of your case, if you were injured because of the negligence of another person, your case will very likely settle if the proper steps to negotiating a personal injury settlement are followed. The steps outlined in this brief article is by no means exhaustive. There are dozens of other steps which are needed and followed to maximize a personal injury case and ensure fair and reasonable compensation is obtained. An experienced personal injury and accident lawyer will follow all the necessary steps to reach settlement and each case is different - some involve more work and steps than others.

At Plant Quinn Thiele Mineault Grodzki PC, Ottawa Accident Lawyers - Ottawa Injury Lawyers, we provide free consultations and take on accident and injury cases on a NO Fee Until You Win basis. The more you receive in compensation, the more we are paid. If no settlement is reached, we charge nothing. Call us for a free injury case assessment at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Lawyer, Mediator, Law Instructor. Founder of the Ottawa Personal Injury Lawyer Network. Member of the Ontario Trial Lawyers Association.

Ottawa Car Accident Lawyers - Injury Experts - Traffic Accidents and Injuries

Ottawa Car Accident Lawyers - Traffic Accidents and Injuries

A traffic accident or traffic collision involves an incident in which a motor vehicle such as a car, suv, atv, motorcycle or other motorized travel device collides with another motor vehicle, person, pedestrian, animal, items on a road or other type obstacle. In cases of traffic accidents, traffic collisions, car crashes or car accidents, chances are that the incident has caused injury to person or property. It is very uncommon for a traffic collision or car accident not to cause injury to person, damage to property or even death. There are many factors that contribute to an accident occurring, such as weather, faulty vehicles, bad road design and driver impairment such as alcohol or drug consumption, texting or phone use. The list if impairments is long.

When a car accident leads to personal injury, the injured person should consult a personal injury lawyer as soon as possible after the accident. Motor vehicle law is a very complex area of law with many time limits to advance claims and significant pitfalls. Car accidents cause injury and significant financial cost. No matter how well we try to avoid car accidents and eliminate risks, car accidents will continue to occur.

Trying to find guidance from articles published on the Internet is a start, but one quickly realizes when trying to make sense of what to do after an accident, unless you are a car accident specialist, you will gain limited useful knowledge of your interests and rights as an injured person by surfing the Internet. The pitfalls in car accident litigation are endless and only an experienced car accident lawyer can provide the legal advice and guidance needed to protect your rights and interests and obtain fair compensation.

The types of injuries one can suffer in a car accident is varied. Car accidents can cause many different injuries to virtually any part of your body. Common injuries include head injuries and injury to the face such as lacerations, bruising, concussions, fractures, post-concussion syndrome, closed head injuries, traumatic brain injuries. We also see various neck injuries such as sprains, strains, whiplashes, fractures, cervical injuries and disc injuries. We see shoulder injuries such as sprains, strains, fractures, dislocations and joint injuries. We also see a significant amount of injuries to arms, hands, legs, knees and feet such as lacerations, bruises, fractures, sprains, strains, dislocations and ligament injuries. We see significant back injuries such as sprains, strains, fractures, disc injuries and spine injuries of every type. We often see associated psychological injuries, emotional trauma and in some cases death. The severity of the injuries varies significantly.

In many cases, injuries sustained in car accidents are not obvious right away. In some cases, endorphins produced in times of trauma mask or hide pain and you may not be aware of the injuries sustained until some time later. In some cases, swelling only occurs after some time and injuries are revealed only hours or days after a car accident. It is always better to be safe than sorry. Always seek medical treatment after a car accident even if you appear fine.

If you or someone you care about has been injured in a car accident or other type of accident, contact the Ottawa Accident and Injury Lawyer Network for a free consultation. We offer No Fee Until You Win agreements and will not charge anything unless you win your case. Call us at 613-315-4878 or 613-315-HURT.

Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers. Top 40 things to do to prepare for a meeting with your injury lawyer

Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers. Top 40 things to do to prepare for a meeting with your personal injury lawyer - How to prepare for your meeting with a personal injury lawyer.

The first meeting with a personal injury lawyer / accident lawyer is quite important. It sets the stage for your ongoing relationship. The more information and documents you bring the better and more productive the initial meeting will be. Your personal injury lawyer will appreciate any effort you make in providing a any important facts about the accident, your injuries and impact on your life and your family’s life.

If you have been injured in an accident such as a car accident, slip and fall, trip and fall or dog bite incident and have suffered injuries as a result, meeting with a personal injury and accident lawyer as soon as possible after the accident is important. As an injured person, relevant legal knowledge can make the difference between obtaining fair compensation or obtaining no compensation at all.
A personal injury and accident lawyer can provide you with all the information you need to make a decision on seeking compensation. Your personal injury lawyer will need to gather information and documents from you to assist them in representing your interests and maximizing your recovery.
You should bring this information and documents with you when you meet your accident lawyer and continue to bring information and documents to your accident lawyer as the case progresses.

This brief article addresses the types of documents and information you generally should bring, if available, to an initial meeting with a personal injury lawyer / accident lawyer. The type of documents and information you bring will depend on the type of accident you were involved in and the nature and types of injuries you have suffered. In general terms, the following is a list of information and documents to bring to your initial meeting with a personal injury lawyer. Note again that you will likely have to bring additional documents and information to the attention of your personal injury lawyer as your case develops:

1. The date, time and location of the accident;
2. Names and addresses of anyone you believe may be responsible for the accident and liable to you for the accident;
3. Two pieces of identification such as a driver’s licence and social insurance card;
4. Your date of birth, municipal address and full contact particulars;
5. The names and dates of birth of your spouse and children as well as their addresses if different from yours;
6. Copy of any applicable insurance policy such as vehicle insurance or home insurance;
7. The name and contact information of your own insurance agent, adjuster or any other insurance representative;
8. The name and contact information of the insurance agent, adjuster or any other insurance representative representing the person responsible for the accident;
9. Copies of any letters or other correspondence or documents exchanged to and from your insurance company, the other party’s insurance company or any other relevant insurance company, agent or adjuster;
10. Details of any oral or written statements you may have given to your insurance company or the other party's insurance company;
11. Any other important dates and times such as the date and time of the accident;
12. The location of the accident;
13. Photographs of the accident site;
14. Photographs of any damage to your car or clothing or other personal or real property;
15. Photographs of your injuries;
16. The names and addresses of the hospital you were taken to immediately after the accident;
17. Confirmation of whether or not you were taken to hospital by ambulance;
18. Copy of any police report provided to you or alternatively if you were not given a police report, the police report or incident number;
19. Names and addresses of any health care provider that has provided care to you;
20. Names and addresses of any health care provider that will provide care to you in the future;
21. The dates that you were taken to any health care provider or hospital and reason for the visit;
22. The names, addresses and telephone numbers of any witnesses to the incident;
23. Copies of any witness statements;
24. Full particulars of your employment or method of earning income such as a business income;
25. Details of all dates you were unable to work due to the accident and your injuries;
26. Details of any benefits you needed to take from work because of inability to work due to the accident and your injuries such as vacation and/or sick leave;
27. Details of any extended health care insurance you have through employment or independently that cover any medical expenses at all;
28. Details of any disability insurance (short term or long term) you have through employment or independently/privately;
29. Copies of any medical bills or invoices;
30. Copies of any bills or invoices for expenses you incurred because of the accident;
31. If your injuries were caused as a result of a car accident, bring any documents relevant to the accident such as any documents exchanged between you and the other drivers or victims and the police;
32. Details of any information or documents you gave the police who attended at the accident;
33. Details of any information or documents you gave the police subsequent to the accident;
34. Details of any information or documents you gave to anyone who attended at the accident;
35. Details of any information or documents you gave to anyone subsequent to the accident;
36. Details of a any charges, tickets or fines given to you by police relating to the accident;
37. Details of a any charges, tickets or fines given to anyone else by police relating to the accident;
38. Copies of any other documents you believe may be relevant;
39. A full written summary of the accident, persons involved and events since the accident such as visits with insurance companies, police, witnesses and health care providers; and
40. Details of any other information you believe may even remotely relevant.

This is not an exhaustive list and disclosure of relevant information and documents is an ongoing process since after an injury you will likely have ongoing relationships with insurers, health care providers and other third parties. The important thing to remember is that you should provide your personal injury lawyer with any information or documents you believe may be even remotely relevant and never delay in providing the disclosure. Your personal injury and accident lawyer can decide if the information or documents is relevant and useful.

For more information on how to facilitate your relationship with your Ottawa accident and personal injury lawyer, contact us at the Ottawa Personal Injury and Accident Lawyer Network by calling 613 315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com, visit us at www.ottawapersonalinjurylawyernetwork.com.

Ottawa Accident Lawyers - Accidents and Injuries - Legal Principles - Negligence and Insurance Coverage

Ottawa Accident Lawyers - Accidents and Injuries - Legal Principles - Negligence and Insurance Coverage

In personal injury law, there are a variety of legal principles available to attract negligence onto others. The three main categories of principles used on personal injury law are: general negligence (car accidents, slip and falls, trip and falls), intentional torts (assault and battery) and strict liability torts (nuisances, dog bites and animal attacks). This brief article deals with the principles of “negligence” in the personal injury context.

For the most part, personal injury court actions and claims are based on the principles of negligence. In the normal course of life, individuals, governments and businesses make mistakes and errors which can amount to negligence. In most cases, negligence causes others to suffer injuries which cause losses, damages and pain and suffering which should be compensated. Generally, the persons responsible for the accident (those who were negligent) have liability insurance which covers the losses caused by the acts and omissions of negligence. The types of insurance include general liability policies, commercial liability policies, municipal liability insurance, homeowner’s liability policies, tenant’s liability policies and so on which all cover losses associated with different types of accidents.

In cases where the acts were intentional, such as a battery or assault, insurance does not usually cover the losses associated with the intentional acts. In cases of strict liability such as a dog bite or a nuisance, care must be taken to review the policies of insurance available as not all policies cover damages ad losses caused by strict liability torts.

In negligence claims, the allegations centre around the relationship between the parties. When one party owes a duty to another to take reasonable care to protect the safety of another party and then breaches that duty, they can be held liable for any losses and damages suffered as a consequence of the breach. By way of example, imagine you own a property and you are aware that different persons attend on your property from time to time (mail person, friends, family etc...); you are aware of ice accumulating on your drive way and walk way; you take no steps to remove the ice; someone attends on your property, falls and is injured. As a consequence, under those facts, you would very likely be held liable and will have to pay damages to the injured person. By way of analysis of that fact scenario, the duty is to keep the property reasonably safe, the standard to be applied is to take reasonable steps to remove the ice, failing to do so is the breach of the duty owed and since the injury was caused by the direct breach of the duty owed, liability follows.

There are different defences available when allegations of negligence are made. A review of those defences will be the subject of my next brief article.

Marc-Nicholas Quinn is a partner at the law firm Plant Quinn Thiele Mineault Gridzki PC and founder of the Ottawa Personal Injury Lawyer Network. He is a personal injury lawyer and mediator. He lectures regularly at local educational institutions. He is a member of the Ontario Trial Lawyers Association (OTLA) and the Advocate’s Society. For a free consultation, contact us at 613-315-4878 or 613-315-HURT. No Fee Until You Win retainer agreements.

How long does it take to settle a personal injury case? Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers

How long does it take to settle a personal injury case? Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers

This question cannot be answered by your injury lawyer with any accuracy at the beginning stages of a claim. All claims are different and must be considered on their own facts and circumstances. Each person suffers injuries in different ways and the amount of time it takes to recover from an injury is quite different from one person to another. There are numerous factors that affect how people recover from injuries and affect the recovery period.

In straightforward minor injury cases, the time it takes to settle a case from beginning to end, with no dispute over liability, is roughly 8 to 12 months. For more complicated cases of serious and multiple injuries, the time period is anywhere from 12 to 36 months, but most are resolved within 2 years. Catastrophic cases such as serious head injuries, dismemberment or paralysis can take many years to settle.

We recommend negotiating a settlement only when the injuries suffered in an accident are fully known and fully healed. In most cases, we seek an opinion of the treating physician who can confirm the diagnosis, prognosis and full extent of the injuries and impact on the injured person.

It is important not to rush into a settlement prematurely since once a settlement is reached and a release is signed, an injured person can never claim compensation again for the accident, even if the injuries become worse. Fair compensation can only be obtained once all of the facts are known, including all facts pertaining to the injuries and their impact on the injured person’s social, emotional, physical, psychological and economic life.

At Plant Quinn Thiele Mineault Grodzki PC - Ottawa Accident Lawyers, we are not in any hurry to settle cases, we settle only when the time is right. We are concerned about ensuring our client’s future well being and that fair compensation is paid. Contact us for a free consultation at 613-315-4878 / 613-315-HURT. Marc-Nicholas Quinn, Ottawa Accident, Injury and Disability Lawyer. No Fee Until You Win Lawyers

Ottawa Accidents - Children and Injuries in Schools - Ottawa Accident Lawyers

Schools have a significant legal duty to take care to avoid your child having an accident at school. Children are expected to be inquisitive, curious and engage in many activities in school. Children are not fully aware of all the different dangers associated with many of the activities they may be asked to participate in at school. Children are not always able to take proper care of their own safety and the law recognizes that schools must take care to protect children. Schools must take preventative steps to maintain the schools safe from all dangers and must take steps to ensure the safety of all children under their care at all times. The younger your child the more precautions should be taken by the school.

Children may be injured in school using equipment, fall on school grounds, trip and fall at school, be assaulted, be bullied, suffer injuries due to an accident on the bus or school grounds or during a field trip. In many cases, the injuries could have been avoided with proper supervision or preventative steps.

If your child has been injured because of a school's negligence, we can help. Call us for a free consultation at 613-315-HURT. 613-315-4878. Marc-Nicholas Quinn

How to win your car accident case - Ottawa Car Accident Lawyers

How to win your car accident case - Ottawa Car Accident Lawyers

Car accidents cause serious injuries that can have devastating and often long lasting affects on injured persons and their families. Car accidents are more common that you think and they can occur at any time. As a victim of a car accident, you have the right to claim compensation for your injuries from the person at fault for the accident. You have the right to claim accident benefits regardless of fault.

Our advice is to always retain the services of a personal injury and accident lawyer to advance your claim for compensation. A personal injury lawyer can help you gather the evidence needed to prove your case such as the circumstances of the accident, needed medical care evidence and documents substantiating your losses and liability such as police reports, medical reports etc... A personal injury and accident lawyer can also arrange to interview witnesses and obtain witness statements which support your version of the events surrounding the accident. An accident lawyer can also calculate your damages and losses and provide valuable advice on what a good or fair settlement is, having regard to all your circumstances. A reputable and experienced accident lawyer can also negotiate a fair settlement for you and, if settlement negotiations fail, file a court action on your behalf.

If you or someone you love has been injured in a car accident, please do not hesitate to contact us at 613-315-4878 or 613-315-HURT for a free consultation. Ottawa Personal Injury Lawyer Network - No Fee Until You Win. Marc-Nicholas Quinn, Ottawa Car Accident and Injury Lawyer.

10 things a person who injured you will not tell you. 10 things an insurance company may not tell you - Ask the Expert - Ottawa Personal Injury

10 things a person who injured you will not tell you. 10 things an insurance company may not tell you - Ask the Expert - Ottawa Personal Injury, Accident and Disability Law Firm, Plant Quinn Thiele, Mineault Grodzki PC.

1. If you are injured in any accident, you have the right to sue and seek compensation.

2. If you intend to sue, there are limitation periods that can prevent you from suing and you must therefore start a court action within the set time limits, otherwise, you will forever lose your right to sue and seek compensation.

3. You should consult a lawyer as soon as possible after you are injured. Many personal injury, accident and disability law lawyers offer free consultations and will take on cases on a No Fee Until You Win basis. At the initial meeting, the injury lawyer will explain all of your rights and interests, assess your case, and describe your options relating to your claim.

4. Insurance adjusters, while regulated with standards of practice, work for an insurance company and their job is to investigate claims and obtain evidence that will assist the insurance company to limit or deny claims. Only your personal injury, accident and disability law lawyer will work to protect your rights and work to maximize your recovery. Although insurance companies are government regulated, they are in the end private businesses and their focus is not on paying you compensation.

5. Statements given to insurance adjusters and companies can and will be used against you in a Court action.

6. You can obtain witness statements and talk to all witnesses. You have just as much right as insurance companies to interview witnesses and obtain witness statements.

7. If you are partly at fault for the accident, you can still claim and receive compensation. The amount of compensation may be reduced, but compensation will nonetheless be paid.

8. If you are totally at fault for the accident, you can still obtain some compensation. For instance, in car accidents, regardless of fault you can apply for and receive accident benefits to pay for medical and rehabilitation expenses and receive some lost earnings. Also, many private extended health care plans will pay benefits regardless of fault. Also, disability policies often apply and pay benefits regardless of fault.

9. You do not need to go to Court to receive compensation, most cases settle out of Court.

10. Lawyers charge too much and require down payments. Most personal injury lawyers do not charge for the initial consultation and assessment of your accident case. Also, most personal injury lawyers will take on cases on a No Fee Until You Win basis, meaning that they charge nothing until you win. They receive a percentage of the settlement instead, at the end of the case.

To learn more about how a personal injury lawyer, accident lawyer and disability law lawyer can assist you, contact us at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Ottawa personal injury lawyer, mediator and law instructor. One phone call can change everything!

AWARDING COSTS TO THE SELF-REPRESENTED PARTY

AWARDING COSTS TO THE SELF-REPRESENTED PARTY: By Michael Thiele


If a person goes to Court as a self-represented party, either as a defendant or plaintiff, is that person entitled to receive costs if they are successful on the motion or trial? This question is often raised by self-represented persons who are taking the time to act as their own lawyer. For many different reasons, but usually because of the high cost of hiring a lawyer, many persons are forced to represent themselves in Court. Accordingly, they spend a significant amount of time trying to do the work necessary to represent themselves.


For parties who are represented by lawyers, there is a possibility of recovering costs if they are successful in motions or at trial. Costs are discretionary, but the usual rule is that the successful party is entitled to receive costs. The costs are intended to indemnify a party for all or part of the legal fees incurred as well as the disbursements and taxes. The breadth and extent of costs being awarded is beyond the scope of this blog.


Where a person does not have a lawyer, but spends a lot of time working on their case, should they get “costs” in the same way that a party who has a lawyer gets “costs”. The argument for costs is generally that the self represented party has had to do the work that a lawyer had to do and therefore they should be compensated.


In recent years, Courts have recognized that individual self represented parties can receive costs under some circumstances. In fact, there appeared to be a trend to award “nominal” costs to self-represented litigants simply on the presumption that they should get “something” for the clear effort that must have been involved in representing themselves.


This practice of awarding nominal costs to self-represented parties is likely now a thing of the past with the decision in Mustang Investigations v. Ironside, 2010 ONSC 3444 (CanLII) (Div. Crt). In this decision, the Divisional Court reviews some of the recent cost awards to self-represented parties. In this specific case, the Court was considering a $20,000 cost award to a self-represented party and further it considered what would have been a “nominal” award of $5000 in costs to the same party that would have been awarded but for the higher cost award.


In reviewing the caselaw, including appellate authority, the Divisional Court in this case clarifies that costs awards to self-represented parties may only be granted where it is proven that the self-represented party performed the work of a lawyer and that this self-represented party as a result of performing this work also sacrificed other remunerative work---meaning the self-represented party needs to prove that they suffered an opportunity cost as a result of being self-represented.


It is significant to note, that even if a self-represented party establishes that they performed the work of a lawyer, and that they suffered the loss of remunerative work, that the Court directs that the costs awarded to that self-represented party should still be modest and moderate amount for preparing and presenting the case. The direction is clear, that a self-represented party should not have their costs calculated in that same manner as a lawyer.


As a result of this reasoning, the Divisional Court in this case, set aside the award of $20,000 to the self-represented party, and further indicated that the self represented party should not get the nominal costs of $5000.00. In fact, the self-represented party only received, as costs, its disbursements, and zero on account of the work done in representing himself.


For more detailed information see the decision in Mustang Investigations v. Ironside, 2010 ONSC 3444 (CanLII) (Div. Crt).

Ask the Injury Expert - Is it true that the vast majority of personal injury cases are settled?

Is it true that the vast majority of personal injury cases are settled?

Yes. The great majority of personal injury and accident claims are settled without requiring a trial. In fact, most cases are settled without even having to initiate legal proceedings or even ever stepping foot into Court. Litigation is very expensive, time consuming, stressful and involves significant risk financially. In most cases, with fair compromises, it is in every parties best interest to settle the claim out of Court.

When your case is settled, it will include compensation for all of your damages such as pain and suffering, income loss, out of pocket expenses, medical expenses etc... Settlements of personal injury claims, like most settlements, are final and legally binding agreements. They are final in that once a release is signed, an injured person can never claim compensation again in relation to the accident and injuries suffered as a result thereof.

If you have been injured in an accident, you may be entitled to compensation. At Plant Quinn Thiele Mineault Grodzki PC, we will assess and evaluate your injury case free of charge and let you know your rights and interests. We will give you options and tell you how to exercise them. We will take on your case on a No Fee Until You Win basis.

There are time limits which apply to every claim in Ontario and you should never delay in consulting a lawyer. You can contact us anytime by calling 613-315-HURT or by e-mail mquinn@pqtlaw.com for assistance.

At Plant Quinn Thiele Mineault Grodzki PC, we will:

1. Help you identify and establish your legal rights and entitlements.
2. Assess your case and let you know if you have a good case.
3. Assist in determining if someone was negligent in causing you injuries.
4. Review and obtain the evidence needed to prove your case.
5. Hire and refer you to needed medical and non medical experts.
6. Take any and all steps needed to obtaining compensation for you.
7. Examine and obtain a full list of all your claims, with needed supporting documents.
8. Prepare your claim to start the negotiation process to obtain a settlement with the insurance company.
9. Negotiate with the insurance company involved and settle your claim for fair and reasonable compensation.

It is important that you know your rights by calling us at 613-315-HURT / 613-315-4878 or e-mail us at mquinn@pqtlaw.com. One call can make a significant difference to your claim.

Accidents Ottawa Retail Stores - If I am injured in a public place, can I sue and receive compensation?

If I am injured in a public place, can I sue and receive compensation?

Injuries caused by accidents in the public places such as retail establishments, shops, stores, shopping centers, malls, restaurants and other public property have special considerations in terms of the applicable law. For instance, the standard is different if you have been injured on municipal property such as sidewalks or roads. It is more difficult to find a municipality liable than a retail store owner for example. The governing statute for retail establishments and businesses is the Occupier’s Liability Act.

All public locations such as stores, business premises, offices, retail establishments, shopping centers, etc... are required to be safe and reasonable steps must be taken to ensure the safety of people using the premises. For instance, the premises must be free from any type of slipping or tripping hazards, there should be proper lighting and security and a regular system of maintenance must be in place. Owners, occupiers and managers of public places have a positive responsibility to ensure that appropriate and adequate monitoring, maintenance, cleaning and reparation processes are in place and that the system and processes in place are reasonable.

Amy danger such as obstacles in aisles, fallen objects, a wet floor due to spillage, uneven surfaces, non completed repairs or needed cleaning must have a proper sign that is visible so as to alert the public of the danger and hazard. In many cases, having a sign is not enough, the danger or hazard must be actually removed.

If you have suffered an injury as a result of an accident in a store or business, you may be entitled to advance a personal injury claim and we can help. We offer free legal advice and work on a No Fee Until You Win basis. Give us a call at 613-315-4878 / 613-315-HURT and we will be happy to discuss the matter with you free of charge. Ottawa Accident Lawyers. Marc-Nicholas Quinn.

What’s Different About the Ottawa Personal Injury Lawyer Network, lawyers of Plant Quinn Thiele Mineault Grodzki PC, Ottawa injury lawyers?

What’s Different About the Ottawa Personal Injury Lawyer Network, lawyers of Plant Quinn Thiele Mineault Grodzki PC, Ottawa injury, accident and disability lawyers?

The Ottawa Personal Injury Lawyer Network, made up of lawyers of Plant Quinn Thiele Mineault Grodzki PC, Ottawa injury, accident and disability lawyers is recognized in the community as being a strong player in handling personal injury cases. We handle all types of personal injury, accident and disability cases and have made it our business to protect the rights and interests of persons injured in an accident in Ontario. We offer case analysis, negotiation and representation in all aspects of personal injury, accident and disability law cases. We handle a broad range of injuries from the small to the catastrophic.

At the Ottawa Personal Injury Lawyer Network, we understand that suffering a personal injury can affect every aspect of a person’s life, including their family and there are often devastating, permanent and unforeseen consequences on the lives of injured victims and their family. Suffering a physical injury causes pain; we understand that pain is just a fraction of the distress caused by injury, injuries or disability. We consider the mental, emotional and psychological issues that arise out of suffering an injury. We consider the immediate impact on an injured person’s life and also review the long term effects which often continue for months, years and sometimes are permanent.

So that all aspects of a personal injury case has been fully analysed and considered, we work as a team and every file is reviewed by two lawyers and at least one law clerk. We provide comprehensive services to individuals injured in accidents such as motor vehicle accidents, slip and falls, trip and falls, product liability cases, dog bites, professional negligence and any other kind of case involving the negligence of someone else such as a property owner or occupier, irresponsible dog owner or careless driver. We assist people with a wide variety of insurance issues, including claims, denied claims, fire losses, car losses, accident and disability cases.

As part of our service, we offer free consultations and we take on cases on a No Fee Until You Win basis (we do not charge a fee until you win the case - if you don’t win, we do not charge any fees). We commit to reviewing and addressing every aspect of the case and while our injured clients are recovering, we are hard at work, conducting legal research, gathering evidence, obtaining witness statement, viewing the site of the accident, taking photographs, obtaining medical records, hiring medical and non medical experts needed, dealing with insurers and insurance adjusters and their lawyers and we ultimately work towards obtaining a settlement which provides fair and reasonable compensation; if the insurer or person responsible for the accident will not pay fair compensation, we will take the matter to trial.

If you or someone you care about has been injured in an accident, contact us for a free assessment of the case. Call Marc Quinn at 613-315-HURT / 613-315-4878 or e-mail us at mquinn@pqtlaw.com.

Slip and Fall Accidents / Property Liability Claims / Owner or Occupier Liability Claims / Ottawa Injury, Accident and Disability Lawyers

Slip and Fall Accidents / Property Liability Claims / Owner or Occupier Liability Claims / Ottawa Injury, Accident and Disability Lawyers

If you are a visitor, tenant, customer or any other person who is injured on someone else’s property, you have the right to seek compensation provided you can prove negligence and/or breach of contract. If you have been injured because of a negligent property owner, property occupier, negligent landlord or negligent business owner, you have the right to claim compensation.

Property owners and occupiers owe a duty to anyone entering onto their property to take reasonable steps to ensure the security and safety of those who attend their property. Property owners and occupiers must ensure the property is safe and they must take steps to warn of known safety hazards and dangers and also to regularly maintain and inspect their property to ensure it is safe. In Ontario, the primary law that applies is the Occupier’s Liability Act which provides that an injured person has the legal right to compensation if injured due to the negligence of a property owner or occupier who have breached the reasonable standard of a property owner to keep their property safe.

At Plant Quinn Thiele Mineault Grodzki PC, we have built a solid reputation for achieving great results for our clients who have been injured in property liability cases, be it a slip and fall, trip and fall, lack of security, assaults, unsafe premises etc. Other lawyers in our community who do not specialize in personal injury cases refer their clients to us. We specialize in personal injury, accident and disability case.

We have a team of personal injury, accident and disability lawyers, paralegals and law clerks who focus on obtaining compensation for injured persons injured due to accidents. Our lawyers will meet with you free of charge and put you at ease about dealing with a lawyer. Our lawyers will explain, in plain English, French, Polish, Croatian or German, the legal process, review your case and give you options on your personal injury, accident or disability case so that you can make an informed decision on whether or not to pursue compensation. If you choose to pursue the case, we will handle every step and work on a No Fee Until You Win basis.

Whether your case is a slip, trip or stumble case (whatever the case such as slippery surfaces, broken steps, uneven steps or surfaces, dangerous sidewalks, uneven landings or stairways, standing water, ice, snow, mud, spillages, inadequate lighting, disrepair, general hazards etc...) causing a fall and injuries, a car accident, dog bite, or other type of accident resulting in injuries caused by the carelessness or negligence of others, we can assist you. If your injury was caused by the negligence of someone else, we will give you valuable information on your rights and interests. The negligence can be anything from lack of maintaining the property to reasonable standards of safety, failure to warn of hazards and dangers, failure to take precautions to keep people safe from hazards and dangers or ignoring hazardous conditions, we can pursue a case for compensation for you.

At Plant Quinn Thiele Mineault Grodzki PC, we have technologically advanced offices, using the latest in software to assist our clients. If you are injured and unable to travel to one of our offices, we will come to you and explain your rights, free of charge.

If you or someone you care about was injured on property owned or maintained by someone else who was careless or negligent, let us help. Contact us at 613-315-HURT or 613-315-4878. Ottawa slip and fall, trip and fall, property liability lawyers. Marc-Nicholas Quinn, Injury Lawyer.