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Injured By An Animal

If you experience physical pain, scarring or psychological damage from the behaviour of an animal that belongs to another person, you are entitled to make a claim for compensation.

Dog bites are probably the most common type of animal injury, and Ontario has a statute called the Dog Owner’s Liability Act which governs such situations. This law basically provides that the owners of a dog are always liable for damages resulting from a bite or attack by their dog on another person or domestic animal, regardless of whether they knew the animal was dangerous or not. This rule does not apply, however, if a guard dog attacks someone who is breaking into the premises.

Class Actions – Example Claims

Class actions are appropriate when a group of people have similar potential claims. What may be too small a claim, if pursued by one person, may be a very large claim if pursued by a group of people. There is almost no claim that is too small if it can be the start of a class action. Examples of successful class actions are:

Steps in a Lawsuit

First, we will open a Court file by preparing and issuing a document called a “Statement of Claim”. This must be served on the party you are suing, who will normally take it to his or her insurance company. The insurance company will then retain a lawyer to defend the case. That lawyer will respond by filing a “Statement of Defence”.

Examination for Discovery – What is it?

An examination for discovery is usually held in an office located downtown, in or near the Court House of the Judicial District where an action is commenced, or where the person resides.

It is an informal hearing which takes place before the lawyers for all parties and a reporter who takes down your evidence. Prior to the examination you will be required to take an Oath or affirm that the statements that you make will be the truth.

Mediation – What Is It?

At the outset the mediator will outline the terms of the mediation. He will explain that each side will be given an opportunity to present opening remarks, discuss the issues and often an opportunity for the clients to speak as well. The subject matter of what you will say at the mediation should be discussed with us in advance. At a later point in the mediation the mediator will take one side or the other and pull them away for a caucus. In the caucus confidential discussions will take place for developing a strategy to attempt resolution.

The Value of What We Do Outside Work

If a claim is brought for an injury typically one of the components of the claim is pain and suffering and loss of enjoyment of life. A second component is for loss of income.

Loss of Capacity For Work

A personal injury may cause a person to be off work for a period of time. After a return to work, it may be that the injured person’s ability to perform the pre-accident work is not affected. Despite returning to work there may be a loss of work capacity that should be recognized.

Life Insurance – The New Living Benefit

Recent changes to life insurance policies provide relief from undue financial hardship. Having knowledge of these benefits may be of assistance to our clients.

What is a sufficient connection to an accident for a court to provide compensation?

Rarely do we have a case where there are no pre-existing and/or subsequent conditions or accidents. How does a court assess compensation in a claim? These are issues that doctors, lawyers and the courts have been struggling with for many years.

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