Hurt on a Landlord's Property

Due to carelessness, negligence, or sometimes simple misfortune, people get hurt through accidents on apartment properties. The injuries may arise from dog bites (dogs owned by other tenants), slip and falls due to ice or snow, trips or falls caused by crumbling concrete, steps or walkways, or even injuries inside rental units due to neglect and lack of repair. If you or someone you know has suffered an injury inside a rental apartment or house--what can you do? The fact is that both a tenant and a landlord may be liable in tort for the injuries sustained by a guest. What is sometimes less clear is that a landlord may be liable for the injuries sustained by a tenant of that landlord if the injury is caused by the landlord's negligence and neglect. A landlord does not have any special protection from being sued simply by being in a landlord and tenant relationship---regardless of what the lease says! Given the serious consequences of suffering a personal injury (pain and suffering, loss of income, loss of future income, loss of earning capacity, special expenses including medical and medical assistive devices) it is important to explore all sources of compensation to help the injury victim get through the ordeal. My law-firm, located in Ottawa, Ontario, is considered a leading boutique personal injury law firm. This label "boutique" means that personal injury work is the primary focus of the firm. We currently have eight lawyers in the firm focusing exclusively on personal injury claims. Needing a personal injury lawyer in Ontario is actually less stressful than needing any other kind of lawyer from a financial perspective. Almost all personal injury matters are handled on a "don't pay unless you win basis" meaning there is no risk of having to pay us for services unless you win or settle your claim. Accordingly, it is worthwhile to get an opinion about injuries that happen on a landlord's property. Consultations are free and I would be pleased to hear from you. Michael K. E. Thiele Quinn Thiele Mineault Grodzki LLP Ottawa, Ontario 613-563-1131

Cornwall and Hawkesbury Injuries

If you are a resident of Cornwall or Hawkesbury and you have sustained an injury as a result of a fall or a car accident do not hesitate to call one of our seasoned personal injury lawyer. QTMG LLP lawyers are available to travel to your home free of charge and provide you with a free consultation regarding your personal injury matter. Call us at 613-563-1131.

Injury lawyers serving all of Eastern Ontario

QTMG LLP personal injury law firm services clients throughout Eastern Ontario. Many of our clients reside outside of the City of Ottawa. If you reside in one of the following cities or townships and have sustained an injury, please call us: Alfred, Arnprior, Bourget, Brockville, Casselman, Cornwall, Embrun, Hawkesbury, Kingston, Maxville, Morrisburg, Pembroke, Petawawa, Prescott, Renfrew, Rockland, St. Isidore. Let one of our bilingual personal injury lawyers assist you. Free Consultation. Call us 613-563-1131.

The benefits of yoga as a medical rehabilitation treatment

Injury Accident Lawyers QTMG LLP. At QTMG LLP we are always keeping up with developments in the law and advances in medicine and rehabilitation. For many yoga is trend, for others it is a way of life. For victims of personal injury incidents it is a valid medical and rehabilitation treatment. The therapeutic virtues of yoga as a complimentary treatment have now been recognized by numerous medical associations and are now recommended as a complimentary treatment in conjunction with other physical therapy treatments. In Ontario, yoga has been recognized as a valid medical treatment within the context of the Statutory Accident Benefit Schedule (SABS). When found to be reasonable and justified, insurance companies are now accepting to fund yoga treatments as a medical benefit to assist in the recovery process of victims of motor vehicle collisions. Recent medical studies attest to the benefit of participating in yoga such as, reducing recovery times and providing a less stressful recovery period. A complimentary yoga program in conjunction with physiotherapy and massage therapy treatments assists the mental and emotional needs of personal injury victims. It is a well known fact that victims of serious injuries must live with a great amount of stress, anxiety and the fear of re-injury. Yoga, as a rehabilitation treatment, has shown that it can strengthen the attitude, the mindset and the morale of victims during the recovery process, thereby allowing for a greater and speedier recovery. For a greater discussion on the virtues of yoga as rehabilitation treatment, we invite you to consult with your local yoga centre or alternatively we invite you to consult the numerous articles published by the American Council on Exercise and the American Holistic Medical Association. Quinn Thiele Mineault Grodzki LLP 613-563-1131.

Claims against insurance brokers on the rise in Ontario

Injury Lawyers Ottawa - QTMG LLP Over the course of our practice and since the legislative changes to the SABS which came into effect on September 1, 2010, we have noted a considerable increase in the number of inquiries about whether or not an insured can initiate an action against his insurance broker for his failure to inform and offer optional benefits in subsequent insurance policy renewal applications. This new trend appears to be a direct side effect caused by the changes to the available accident benefits previously offered under a basic insurance policy. Under the right circumstances, insured's who feel they have been deprived of the opportunity to purchase optional benefits and who now find themselves under insured can initiate an action based in negligence against their broker. For a more comprehensive explanation of the facts that must be proven is such a claim, we invite you to review the decision of: Zefferino v. Meloche Monnex 2012 ONSC 154. You can also contact one of our motor vehicle injury lawyers for a more detailed explanation at 613-563-1131.

Introducing our new Managing Partner: Anthony Mineault

QTMG LLP - Ottawa Injury Lawyers - is proud to announce the nomination of Anthony Mineault to the role of Managing Partner, effective immediately. Anthony brings new excitement to the role and the fresh eyes and mind of a younger partner. Change is often refreshing and with change comes new and exciting possibilities. QTMG LLP would like to express its sincere thanks to Marc Quinn, who held this position for the last 11 years. Mr. Quinn will now be in position to concentrate his time and attention to his budding personal injury practice. The firm became a fierce personal injury law boutique during Mr. Quinn's tutelage and our young new managing partner is looking forward to the challenge of ensuring its continuous success and growth. If you have any questions relating to a personal injury matter please contact our team at 613-563-1131.

Introduction to personal injury law: We can help you!

QTMG LLP – Injury and accident lawyers – For many years, we have represented victims who have been seriously injured. Through experience and education, our firm is able to expertly evaluate personal injuries and pursue personal injury claims on behalf of the injured claimant. QTMG LLP provides the highest grade legal service for all types of personal injury. We have represented all personal injury matters including claimants who have been injured in the case of auto accident injuries, private and public site injuries, product liability claims, wrongful death claims and injuries from exposure to dangerous substances. Our tort litigation claims consists of injuries ranging from fractured bone, traumatic brain injury, paralysis and catastrophic burn injuries. What is personal injury law? Our common law system of justice permits injury victims to sue for their damages. Personal injury law is known as tort law. A tort is legally described as "a civil wrong or wrongful act – tortious behavior or act - whether intentional or accidental, from which injury occurs to another. Tort law includes all negligence cases as well as intentional wrongs which result in harm." Torts fall under three categories: 1. Intentional torts - purposely inflicting injury to a party, such as assault or battery; 2. Negligent torts - causing an accident that results in injury to a party, such as car accidents and slip and fall; and 3. Strict liability torts – dog/animal attack; manufacturing, marketing or selling defective products that result in injury to a party. The most common grounds for a civil action in personal injury law involve negligence. These include car collisions or accidents, motorcycle accidents, pedestrian vs. motor vehicle accidents, boating accidents, snowmobile accidents and all-terrain vehicle accidents. When an accident occurs due to negligence, the injured victim can initiate a legal claim against the negligent party to recover their damages. At common law, damages generally include: general damages permitting a victim to recover monetary compensation for their pain and suffering and loss of enjoyment of life; past and future loss of income; current and future medical expenses, etc… At common law, in order to prove negligence, claimants must support their claim with the following facts: 1. There was negligence - The other party owed you a duty of car and his behaviour was negligent in that it fell below an acceptable and reasonable standard of care; 2. Causation - Their negligence caused the accident – had it not been for their negligence the accident would not have happened; 3. Damages - You suffered damages as a direct or material result of the accident. In Ontario, personal injury claimants must file their claim within the basis time frame provided by the Limitations Act. The Ontario Limitations Act provides claimants with a period of two years to initiate their action. Negligent tort cases start on the date of the injury, for example a car collision, or on the date that you discover an injury has occurred, for example a medical side effect. QTMG LLP provides leading edge and innovative legal services for all types of serious injuries. Our team of personal injury lawyers is educated in understanding the human anatomy and how the body and soul respond to an injury. We pursue, on a continuous basis, legal and medical education to better serve and represent our clients. QTMG LLP is committed to fighting for our client's rights to fair compensation and has repeatedly demonstrated our ability to succeed in the most challenging and complex personal injury cases. If you or a loved member of your family has suffered a personal injury, contact our trusted team of lawyers for a free evaluation of your claim at 613-563-1131.

Slip and fall incidents: We can get you cash compensation

QTMG LLP Injury Lawyers Ottawa. Occupier’s Liability in Ontario - Many people trip and fall for a variety of reasons, most often the fall is due to the negligence of a third party. In Ontario, occupiers of property, as well as property owners can be held liable for trip/slip and fall accidents. The liability of an occupier (owner or person who has responsibility for a property) largely stems from the obligations of occupiers and owners under the Occupier’s Liability Act of Ontario. In many instances, trip/slip and falls occur because of lack of maintenance, construction defects or wear and tear of a walking surface. QTMG LLP personal injury lawyers in Ottawa, Ontario, have handled hundreds of fall cases pertaining to all sorts of injuries. From minor injury cases such as fractured bones to serious permanent debilitating injuries such as cases of traumatic brain injury or quadriplegia. Handling a slip/trip and fall case can be complicated. Proving negligence often involves the use of experts such as building or engineering experts and a thorough review of building codes, municipal by-laws and the Ontario jurisprudence. If you or a loved one has been injured in a slip/trip and fall accident, contact QTMG LLP Ottawa personal injury lawyers. We possess considerable experience with owner and occupier liability negligence cases. Free consultations are available and most of our clients do not pay legal fees until they obtain a cash settlement. Call Nadim Barsoum at 613-563-1131 for a free consultation.

Pedestrians and cyclists - Entitlement to accident benefits

Quinn Thiele Mineault Grodzki LLP - Ottawa Injury Lawyers - Statutory Accident Benefits are available to all victims injured in a motor vehicle collision in Ontario whether they were at fault or not for the collision. Motor vehicle collisions do not solely occur between a car and another. We refer to the term motor vehicle collision to encompass all accidents involving at least 1 motor vehicle, may it be a car, a truck, a tractor, a motorcycle or an ATV, etc.. While the Highway Traffic Act affords cyclists and pedestrians some protection when it comes to fault and the imposition of a reverse onus of proof, it affords no protection in terms of compensation. Under the provisions of the Insurance Act however, cyclists and pedestrians (whether they are insured through a motor vehicle insurance policy) who are injured as a result of a collision with a motor vehicle are entitled to statutory benefits. Regardless of fault, the cyclist/pedestrian will be entitled to accident benefits including income replacement, medical treatment and rehabilitation care which are all included as benefits under the statutory accident benefits. If you or someone you care about has been involved in a bicycle/pedestrian accident involving a motor vehicle, contact Anthony Mineault or Mikolaj Grodzki for a free consultation. Call us at 613-563-1131. Quinn Thiele Mineault Grodzki LLP Ottawa bicycle/pedestrian accident lawyers.

Tips for winter driving

It’s winter time! Ottawa Injury lawyers, Quinn Thiele Mineault Grodzki LLP as part of their ongoing campaign to raise awareness about car accident prevention present the following “driving safely tips” for winter driving: • Although not mandated by law in Ontario, a prudent driver should always switch to a reputable brand of winter tires during the snow and cold seasons; • Ensure that your mechanic inspects the breaks on your motor vehicle upon switching from winter to all season tires. If significant wear and tear has been noted, be safe and replace your breaks; • In addition to requesting a break inspection, a prudent and responsible car owner should request a full inspection of his vehicle from his mechanic. Potential car problems and accidents can be avoided through a simple car inspection; • If the sun is out, wear sunglasses. Don’t let your driving abilities be compromised by the glare or the intensity of the sun as it is reflected off snow covered roads and fields; • Relax and enjoy a nice car ride. Abide the posted speed limits. Mixing unreasonable speed and cars often lead to catastrophic accidents; • Don’t drink and drive. Don’t consume drugs and drive. Don’t consume medication which may impair your ability to drive prior to heading on the road; • Ensure that you make proper shoulder checks. It’s not prudent to only rely on your car’s mirrors. You may miss small vehicles hiding in the blind spots not covered by your vehicle’s mirrors; • Use a Bluetooth device or stay off your mobile phone. Speaking on the phone and texting on the phone distract drivers and cause accidents. It’s just common sense. For more information on this issue please contact the lawyers at QTMG LLP.

Introducing Marc Quinn

QTMG LLP - Ottawa Personal Injury Lawyers are proud to salute Mr. Marc Quinn. Mr. Quinn is a graduate of the University of Ottawa Law School. He was called to the Ontario Bar in 1997. Mr. Quinn practices law exclusively in the field of civil litigation. Mr. Quinn is an accomplished litigator and possesses a wealth of legal knowledge. He has appeared before every level of court in Ontario, including the Court of Appeal. In the recent years, Mr. Quinn has transitioned a portion of his practice into the area of personal injury law, with an emphasis on slip and fall injuries. Over the course of his 15 year career he has crafted a strong reputation as an aggressive, yet thoughtful litigator. If you require a lawyer who will relentlessly fight for your right to fair compensation, we encourage you to call Mr. Quinn at 613-563-1131 extension 223.

Injuries caused by a city sidewalk or roadway: The obligation to give notice to the municipality

Subsection 44(10) of the Municipal Act 2001, S.O. 2001, chapter 25, creates a form of limitation period through which it requires personal injury victims to provide written notice of the incident to the municipality in which the incident occurred. The purpose of this law is to ensure that a municipality has a timely opportunity to investigate the incident. Most personal injury victims are not aware of this notice requirement – that no action shall be brought for the recovery of damages unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of has been served upon or sent by registered mail to the clerk of the municipality – and are only informed of it the time they meet with a lawyer. The time period imposed by the Act is different than the basic limitation period, of two years, provided by the Limitations Act, S.O. 2002, Chapter 24, which governs the time period within which a plaintiff must initiate a legal action. Fortunately for victims, subsection 44(12) of the Act provide an exception allowing it to argue that the failure to give notice is not a bar to an action, but only if it can be shown that there is a reason for the want or the insufficiency of the notice and that the municipality is not prejudiced in its defence. Unfortunately, pleading the ignorance of the law is not a valid legal reason. So what can a victim do if he has not complied with subsection 44(10)? The personal injury victim must bring himself within the ambit of subsection 44(12) and demonstrate that he has a reasonable excuse for the delay and that the municipality has not been prejudiced in its defence by the delay in receiving the notice. To obtain a sense of “what a plaintiff can do”, we invite you to read the recent decisions of Zogjani v. Toronto (City) and Delahaye v. Toronto (City). These two decisions are suggestive of what the court will consider as evidence of a reasonable excuse for the delay. For more information on this issue please contact the lawyers of QTMG LLP at 613-563-1131.

Rise above the pack: Retain a QTMG LLP Lawyer for your personal injury case

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa Consulting with a lawyer after suffering from a wrongfully inflicted personal injury is a very important step towards obtaining just and fair monetary compensation. Only a competent and experienced personal injury lawyer can ensure that your rights, as victim of a personal injury claim, are protected. Whether you have been injured in a motor vehicle collision, a slip/trip and fall incident, as a result of a medical malpractice or a dog attack, you have nothing to lose by acting now and calling QTMG personal injury lawyers Ottawa. We offer completely free legal consultation and case review. If you chose a QTMG lawyer, we charge no legal fees and legal disbursements unless we recover damages.Our lawyers possess a wealth of experience and are highly respected by the leading Canadian insurance defence law firms and Insurance Companies. We strive on our excellent reputation as tough advocates for victims of personal injuries and we are driven to obtain the best result for our clients. If you have been wrongly injured, we invite you to benefit from our wealth of experience. Our experience makes the difference, especially when it comes to maximizing your monetary recovery. Call us today at 613-563-1131 and let us fight for your right to fair compensation.

Anthony Mineault: Motor vehicle accident lawyer

QTMG LLP - Ottawa personal injury lawyers - is proud to profile Mr. Anthony Mineault. Mr. Mineault is a graduate of the University of Ottawa Law School. Prior to his call to the bar, he acted as a special advisor to the Chief Information Officer of the Treasury Board Secretariat. Mr. Mineault was called to the Ontario Bar in 2006. Since being called to the bar, his practice has focused solely on personal injury litigation, with an emphasis on helping victims injured in motor vehicle collisions/accidents. Mr. Mineault has always enjoyed fighting for the underdog. His stellar performances as a personal injury lawyer and strong negotiation skills have allowed him to quickly rise to the level of partner in 2010. Mr. Mineault is fluently bilingual an can represent clients in either the French or English language at all levels of court. If you or your friends require a strong personal injury lawyer, we highly recommend that you contact Mr. Mineault at 613-563-1131, extension 258.

Cream of the crop: Michael Thiele

QTMG LLP - Ottawa Personal Injury Lawyers. We are pleased to highlight the achievements of Michael Thiele for the year 2012. There is a wonderful gem hidden within the confines of our personal injury law firm. Michael Thiele sets the diamond standard when it comes to the practice of residential landlord and tenant legal matters. Following his illustrious academic career at the Queens University law program, Mr. Thiele was called to the Ontario Bar in 1997. He has been a partner with QTMG LLP since 2001. His current practice is focused on landlord and tenant law matters, commercial, wills and estate litigation. Mr. Thiele has acquired a reputation as a cunning strategist and strong negotiator. Due Mr. Thiele's dynamic performance at the Ontario Landlord and Tenant Board, most Ottawa residential landlords who have once opposed him have learned from their experience. They now solely seek to retain Mr. Thiele to deal with their tenant matters. Mr. Thiele has experience before all levels of courts in the Province of Ontario, including the Court of Appeal. For a free consultation, please contact Mr. Thiele at 613-563-1131.

How do I determine if there was negligence?

The elements of an action founded in negligence Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, is always keeping up with developments in the law. Over the years, clients have often expressed an interest in understanding what constitutes a claim based in negligence and whether they are involved in such a successful claim. With the passage of time, the Courts in England and Canada established through their body of decisions a single conceptual framework that permits the analysis of negligence claims on a case by case basis. The aim of this article is to enunciate the elements that form the analytical framework employed by the Court in the adjudication of a negligence action. The framework is composed of 6 distinct elements. It is the responsibility of the plaintiff of proving the existence, in their claim, of the first 5 elements. The defendant has the burden of proving the sixth. Therefore, if a plaintiff hopes to successfully argue an action based in negligence he must prove beyond the balance of probabilities that the following 5 elements are present in his claim: • The “duty of care”: the plaintiff bears the burden of proving that, in the circumstance, the defendant’s act or omission was in proximity to his person and that he was under a legal obligation to exercise care towards him and his interest. The duty of care is a concept that was born out of the principle that “you must not injure your neighbor and therefore in your day to day activities you must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely to cause an injury to your neighbor, i.e. the individuals who reside and operate in proximity to your acts or omissions”; • The “standard of care and its breach”: the plaintiff must demonstrate and establish that a specific standard of care was required of the defendant in the circumstance. That is, to prove that the defendant was bound to conform to the standard of care that would have been exercised by a reasonable person. The Court then evaluates and assesses the conduct of the defendant and decides if he has breached the requisite standard. The standard of care is based on an evaluation of what the reasonable person would have been expected to do in the circumstance; • The “cause in fact” issue: Even if the plaintiff proves that a duty of care was owed to him and that a breach of the required standard occurred, he must still demonstrate that the defendant’s negligent conduct is a cause of his loss; • The “remoteness of damages”: Once it is established that the defendant’s negligent behavior caused the plaintiff’s damages, the court must be satisfied that the damages sustained were a forseeable result of the defendant’s negligent behavior. The damages must be foreseeable in the sense that when the defendant foresees the risk of damages associated with his behavior he can thus avert the risks caused by his actions; • The plaintiff must suffer “an actual loss”: Unlike other torts, negligence on its own is not an actionable. Therefore, the plaintiff bears the burden of proving that he has suffered a legally recognized form of damages. Lastly, the defendant bears the burden of proving that defences apply in the circumstance. These defences are mainly aimed at whether the plaintiff’s conduct in the matter should be taken into account to reduce his claim for damages or entirely defeat his claim. There are 4 defences that can be invoked by a defendant: 1) contributory negligence (the plaintiff contributed to his own misfortune); 2) voluntary assumption of risk (i.e., the plaintiff voluntary undertook to complete inherently dangerous task); 3) the doctrine of ex turpi causa non oritur action; and 4) inevitable accident (the event would have occurred regardless of the conduct of the defendant). For those who wish to read a thorough analysis of the duty of care and the elements of a negligence action, we recommended reading the Supreme Court of Canada’s decision in the matter of Nielsen v. Kamloops (City) [1984] 2 S.C.R. 2, a decision in which the Court adopted a pro-plaintiff interpretation of the duty of care. Quinn Thiele Mineault Grodzki LLP 310 O’Connor Street Ottawa, Ontario K2P 1V8 Tel: 613-563-1131

Lawyer Profile: Rohan Bansie

Ottawa Personal Injury Law Firm QTMG LLP is proud to congratulate Deputy Judge Rohan G. Bansie for his outstanding legal achievements during the year 2012. Mr. Rohan G. Bansie is a senior counsel at our firm, he has experience before all levels of courts in the Province of Ontario, including the Court of Appeal. Mr Bansie is also a trained mediator who has over 25 years experience in assisting clients with conflict resolution issues. He has been appointed to the roster of court-connected mediators in the Ontario Superior Court. Mr Bansie has provided lectures and workshops on various topics of law as well as advocacy, litigation and negotiations. He has also lectured to law students, lawyers, paralegals and articling students as part of ongoing continuing legal education commitments for lawyers and paralegals in Ontario. In 2007, Mr Bansie was appointed as Deputy Judge of the Superior Court of Justice, Small Claims Court and as since adjudicated countless court matters. If you require an outstanding senior personal injury lawyer, we encourage you to call Mr. Bansie at 613-563-1131 extension 260.

QTMG 2012 Performance Highlight

The personal injury law firm of QTMG LLP wishes to congratulate Anthony Mineault and Mikolaj Grodzki for their outstanding legal achievements during the year 2012. Mr. Mineault and Mr. Grodzki are partners at QTMG LLP. They practice law almost exclusively in the field of motor vehicle accident claims. Mr. Mineault and Mr. Grodzki have each garnered a solid reputation as compassionate advocates and outstanding negotiators. If you are searching for a personal injury lawyer who can provide you with amazing results, we highly recommend that you call 613-563-1131 and request to speak with either Mr. Mineault or Mr. Grodzki.

Lawyer Profile: Nadim Barsoum

QTMG LLP is pleased to welcome Mr. Nadim Barsoum to its team of highly experienced personal injury lawyers. Mr. Barsoum was called to the Ontario Bar in 1997, following the completion of his law degree at the University of Ottawa. Mr. Barsoum is a skilled senior litigator and an excellent advocate for personal injury victims' rights to fair compensation. Mr. Barsoum speaks Arabic, French and English. If you require a dedicated personal injury lawyer, we highly recommend that you call Mr. Barsoum at 613-563-1131, extension 232.

Lawyer Profile: Jaimie Noel

Since joining our team in 2010, Ms. Jaimie Noel has achieved a high level of success as a plaintiff sided personal injury lawyer. Through her dedication to her clients cause and her hard work ethic, she has acquired a strong reputation as a top litigator and a compassionate advocate for personal injury victims' right to fair compensation. If you require the assistance of a well respected personal injury lawyer, we encourage you to call Ms. Noel at 613-563-1131, extension 238.

Winter is near...

QTMG Personal Injury Lawyers Ottawa wishes to remind motorists to equip their vehicles with winter tires to ensure a better performance of their vehicle and to avoid unnecessary collisions.

Operation Red Nose

QTMG Personal Injury Lawyers Ottawa, wishes to remind all prudent car drivers to not drink and drive during the Holiday Seasons. It's simply not worth the risk, especially when someone can do the driving for you. Operation Red Nose is in its second week of operation in the Capital Region. If you plan on having one too many drinks, please call Operation Red Nose at 613-820-NOSE (6673) and let a volunteer safely drive your vehicle home.

Getting the Message Out

As personal injury lawyers one of the things we must do is try to reach the people who need our help. Marketing and advertising is a fine balance as here in Ontario we try to avoid the marketing hype that everyone is familiar with in the United States. One of the new advertising methods we at QTMG LLP are now using is bike rack advertising as we like to think this advertising also supports a healthy living lifestyle of riding one's bike to work etc.. In this photo we have Marc Quinn, partner at QTMG LLP, beside one of our newly installed bike racks in Ottawa, Ontario.

Return to school - Prudence on Ottawa's busy streets

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, is publishing this Public Service Announcement requesting that motor vehicle users in the City of Ottawa exercise more care and prudence with the operation of their vehicle. The month of September symbolizes the return to school of the city's precious youth. As expected, pedestrian traffic will greatly increase in the areas where schools, colleges and universities are located. Pedestrian/car collisions can be easily avoided by respecting the rules of the roads, such as yielding, respecting the speed limit and completing all stops. Drivers are invited to review the Ontario Highway Traffic Act to refresh their memory as to their legal obligations in the operation of a motor vehicle. The Act can be viewed at the following Internet address:http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm.

Eastbound Traffic--Public Service Announcement City of Ottawa

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, is republishing this Public Service Announcement from the City of Ottawa respecting the traffic problems on eastbound lanes on the 174. Note the traffic planning links that can help when planning a route east. Ottawa – East end commuters are encouraged to plan their commute home this evening due to recent traffic disruptions on Highway 174 at the Jeanne D’Arc off ramp. The City of Ottawa has tools on ottawa.ca to help motorists and transit users plan their routes and manage their commute. City of Ottawa Traffic Report – outlining citywide road closures, traffic restrictions and detours Travel Planner at octranspo.com – transit users can chart and plan routes with the Interactive traffic map – showing construction areas and live traffic cams throughout the city and the Ministry of Transportation of Ontario (MTO) cameras along Highway 417. Cycling maps and information – detailing bicycle pathways and lanes throughout the city. The City encourages East-end residents take advantage of any flexibility in their schedules to plan their commute outside of peak hours and use public transit. For traffic alerts and closures, follow the City on Twitter. For more information and current updates, visit ottawa.ca.

Am I a tenant?

In the early days of this new school year we have seen many hundreds of students moving to the City. Carleton University and University of Ottawa students seemed to have a monopoly on all of the Uhaul trucks this past weekend as they were moving into new apartments and residences. WIth the great excitement of a new apartment sometimes comes an unfortunate realization that the "great" room mate is perhaps less than ideal. It is no surprise then, that the phones at Quinn Thiele Mineault Grodzki LLP have started to ring with some rather fundamental and basic questions about Landlord and Tenant law. Michael Thiele, one of the founding partners has extensive experience in residential landlord and tenant law and has been fielding and increasing number of questions in the last few days from students. Perhaps the most common question is about the respective rights of the people living in the apartment or house. There have been many inquiries from people who have signed a lease as the sole tenant with the clear understanding that they would be having room mates to help pay for the rent. As these tenants have discovered, the joy of collecting rent from room mates and the attitude of these room mates towards the condition, maintenance and repair of the property is often times below their own standards. The question, as these realities sink in, is what are the legal rights of everyone in the house or apartment. The relatively short answer is that the person named on the lease, as the tenant, is the person in control of the rental unit. That tenant has the sole power (amongst the occupants of the rental unit) to decide who stays, who goes, and when they go. The tenant identified in the lease as the "tenant", is responsible to the landlord for all of the rent, for any damage to the unit, and for ensuring that all of the obligations imposed under the Residential Tenancies Act are maintained (ex. ordinary cleanliness, noise, etc.). If the tenant's room mates do not pay, cause damage, are unruly, it is the tenant who will be responsible to the landlord to pay for those damages even if the tenant did not cause the damage or the tenant paid his or her "share" of the rent. Certainly, being the sole "tenant" on the lease carries with it great responsibility and liability. However, being the sole tenant is not necessarily a bad thing. If you are an assertive person and are able to maintain control over the rental unit, and you vet your room-mates carefully and you get them to sign a reasonable contract, you can have the benefits of having room mates (share rent) while limiting liability and risk. Under such circumstances, if a room mate does turn out to be a dud then you may require them to leave in short order in accordance with the terms of your agreement with them. A room mate does not have the protection of the Residential Tenancies Act as they are not a "tenant". Hence, you are not forced to put up with a room mate who might be a "nightmare". Getting rid of a room mate, who signed the lease as a "tenant" is much more difficult, if not impossible. For students with Landlord and Tenant questions you may find some answers to those questions by consulting with Michael Thiele, the University of Ottawa Student Legal Aid Clinic, the various community legal clinics in the City, or even the Ontario Landlord and Tenant Board website.

Sinkhole on the 174--Ottawa

A sinkhole on highway 174 towards Orleans closed the highway today. Surely it is miraculous that there were no serious injuries. It is reported that the driver of the vehicle shown here managed to exit the vehicle and walk away. From a personal injury law perspective, the driver of the vehicle and any passenger, if injured, would immediately have recourse against their own insurer for accident benefits (i.e. income replacement, medical treatments, etc..). Such benefits are available to any person injured in a motor-vehicle accident in Ontario--including in a sink hole!

Many thanks to Ottawa Fire Services for taking and making the above photo available.

Ottawa Traffic Enforcement (Schools)

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, is republishing this press release from the Ottawa Police as it contains valuable information about the obligations of drivers around school buses and also advises citizens that if they see a driver failing to respect the flashing lights of a school bus that charges can be laid against such a driver on the strength of the citizen's report (i.e. the police do not have to see the offence). There will be a lot more anxious parents on Tuesday morning as all of the children will be back to school after the Labour Day weekend. Ottawa –The City of Ottawa’s Selective Traffic Enforcement Program (STEP) is targeting drivers who follow too close and school zone safety this month as part of its ongoing commitment to keeping Ottawa’s roads safe. Following too close: Between 2007 and 2011, following too close was the cause of 24,487 traffic collisions, 6,872 injuries and eight fatalities. School Zone Safety: Between 2007 and 2011, there were 41 collisions in schools zones throughout the city resulting in nine injuries. The penalties for a driver passing a stopped school bus with its upper red lights flashing include fines ranging from $400 to $2,000 and six demerit points for a first offence. A second offence yields the driver a fine between $1,000 and $4,000, six demerit points and a possible jail sentence of up to six months. Penalties may not be limited to the driver. The vehicle owner may also be charged for school bus traffic control violations, with fines ranging from $400 to $2,000. Police officers are not required to witness the vehicle passing a stopped school bus with its upper red lights flashing in order to lay charges against the vehicle owner. Citizens who witness such occurrences can contact the police and provide the make, model, colour of vehicle; license number; location, date and time of the incident; and, if possible, a description of the driver. Safer Roads Ottawa would like to remind drivers that reducing your travelling speed greatly reduces your chances of being involved in a collision and increases your ability to react to situations on the road. These initiatives support the larger Safer Roads Ottawa Program, a leading partnership between Ottawa Fire Services, Ottawa Paramedic Service, Ottawa Police Service, Ottawa Public Health and the Public Works Department committed to preventing or eliminating road deaths and serious injuries for all people in the City of Ottawa, through culture change, community engagement, and development of a sustainable safe transportation environment.

Ottawa Traffic Maps

The city of Ottawa provides some interesting live and interactive information in relation to traffic within the City. Through it's website at Ottawa Maps you can find live map based information relating to construction events, incidents, red-light cameras, traffic video, and much other information. Watching live traffic, getting updates, is easily accessible from any computer or smartphone. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers, we make use of the information provided through this site in building and collecting evidence in support of our clients' cases. The amount of information that is available is impressive. The only trick is to know where to look.

Bronson Avenue & Gladstone Update

A short while ago we blogged about the construction on Bronson Avenue in Ottawa. The construction caused significant traffic problems as entire sections and intersections became impassable. The City of Ottawa, partly in response to complaints, stepped up the pace of construction to allow more orderly flow of traffic. As a result the City of Ottawa has announced that the intersection of Bronson Avenue and Gladstone Avenue will open to east-west traffic starting at noon on Friday, August 31, 2012. Hopefully this will allow people to get a little closer to the area with their vehicles. As many of you know, the merchants on Bronson have been suffering terribly throughout this summer and there is a lot more construction to come. Note that access along Bronson Avenue during the construction is being maintained for pedestrians and wheelchair users. If you are able to patronize the businesses, especially during this time, it would be appreciated. Certainly the partners at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, are trying to take regular walks over to the area to support the local business owners.

How do I present my case?

As experienced counsel, the lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, are able to analyze and look at a particular set of facts and fairly quickly determine the strengths and weaknesses of a particular case. After such a long time of doing this work, the analysis is internalized, even automatic, and this initial impression of a case becomes the starting point for collecting evidence and building the details through self reports, medical reports, expert reports, witness accounts, and various records including financial documentation, receipts, tax returns and the like.The process for how a case is successfully built is sometimes glossed over in conversations with clients. Many clients simply want a win and a successful resolution of their claim and frankly are not interested in the mechanics of how the win is achieved. Hence, it was with pleasure that this writer recently met with a new client who indeed asked about all of the nuts and bolts of putting together a winning case. Meeting with this client got the writer to thinking about how important it is for clients to ask this question of their prospective lawyers. Any lawyer that you may be meeting for the first time should be able to confidently explain to you the legal process, in broad terms, within a few minutes. That lawyer should be able to respond to any question you have with confidence. Beyond outlining the legal process, the lawyer should also be able to explain how he or she plans to present your case so that you have the very best chance of succeeding. The manner of presentation, and deciding what will be presented, starts well before the trial.Determining how the case will be presented starts on the very first day of hiring the lawyer. From the notice letter to the person who caused the injury, to soliciting and obtaining reports, medical records, police reports, hiring an investigator, obtaining witness statements, expert reports and analysis, engaging case managers, and communicating with insurers and adjusters, all of these things factor immediately into the presentation of the case. How your case is presented, from the very first moment, will reflect the strength of your case, your determination to win, your preparation and willingness to commit financial resources to win. Weakness in any aspect of presentation will be picked up upon by insurances adjusters, insurance defence lawyers, mediators and Judges. And where weakness is detected there will be a push for you to compromise the value of your claim and quite frankly for you to take less than you would otherwise be entitled to.At QTMG LLP we are aware of the critical importance of presentation--from the very outset of any case. We believe that it is because of this awareness and our ability to explain it, draw a road map, and demonstrate the necessity of detailed preparation to our clients that we are so successful in our cases. It was a good experience again to have a client actually ask about the nuts and bolts of proving a case as the process of explaining it gave the client great comfort and it reinforced for this writer how a client who understands the purpose of the work is better able to contribute to the success of the case.

POLICE STATE ALERT--The City of Ottawa wants to search your house!

The lawyers and partners at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, live and work throughout Ottawa. For this reason we are all equally affected by the decisions of our municipal government and the laws that they propose to pass. With this in mind, it should not go unnoticed that the City of Ottawa is considering passing a law that would allow the City to enter your home, without a Court authorized warrant, to simply look around (sure, sure, the scope of the power will be limited--they will say). The City wants a by-law that would give City employees a "power of entry". Now, this power that they are looking for is being proposed in the context of a real problem that needs to be fixed---that is cross connected sewer-lines that instead of dumping household sanitary waste into the City sewer system, dumps it into the storm drain. Sewage that goes into the storm drain remains untreated and pollutes the environment. The City wants to give homeowners money to fix these problems, even though many of these problems were caused by do-it-yourself homeowners and lazy plumbers. Surely it makes sense to reward property owners with a monetary grant for their own incompetence or for hiring incompetent or lazy contractors. Apparently, the City wants the "power of entry" to deal with these problems. One particular City councillor is proposing this and we refer you to an article in the Ottawa Citizen, August 29, 2012, page C5, for details. Do you have a problem with the City being able to enter your home (not just onto your property outside), when they decide they want to take a look around? We certainly do and we object to any City of Ottawa employee having that power. The City says that getting a warrant or court authorized order is simply too expensive and time consuming. Maybe so, and thankfully it is difficult, expensive, and time consuming. It should never be easy for the City of Ottawa to enter our homes and root around in our cupboards. That being said, and as noted earlier, the issue giving rise to the City's desire to enter your home is cross connected sewers in about 50 (yes- fifty) houses. Perhaps, if the City considers it carefully, they will see that it isn't actually all that expensive or time consuming to get judicial sanction to enter a person's home given that it is their castle (you know, that quaint idea that as the owner you rule the roost, emperor of your own domain etc.). Here's our proposal to solve the problem while leaving you with as much privacy and control of your property to decide who sets foot in it as possible. Maybe, just maybe, most homeowners and citizens will recognize that cross connected sewers are indeed something that needs to be fixed. We suspect that most homeowners, if requested, would allow a sewage inspector (newly coined phrase) to enter their home, by appointment, on consent to look for a problem related to the sewer connections. No need for a big stick in those circumstances and no need to tell a homeowner "we're coming in whether you like it or not". For those home owners who say--"get lost City of Ottawa sewage inspector you're not coming in"---the City should provide that homeowner with a letter saying this is why we want into your home and here is our concern. If the refusal is maintained by the homeowner, the City should inform the homeowner that in the absence of their consent to inspect, that the City will apply to Court for Judicial authorization to enter the home. The homeowner should be served with the court application documents and (here's a crazy thought) be afforded the opportunity to dispute the City's desire to enter their house. The Judge hearing the City's application will ultimately decide if the City should have the right to enter a home (likely with a police escort) to do the work they seek to do. If the City wins, the City can ask the Court to order the homeowner to pay the costs of the legal proceeding that led to the order. A Judge can decide whether the homeowner was unreasonable in his refusal to cooperate with the City or not. If the refusal was unreasonable then the homeowner should be ordered to pay all of the costs associated with getting the Judicial authorization to enter the home. There is a counterbalance as well, if the Judge decides the City was wrongly demanding access to the home, the homeowner can be awarded her costs of resisting this intrusion of privacy. We think that proceeding in this way protects the interests of homeowners while at the same time giving the City the tools to fix the sewer problem without it costing the City any money. Under our proposal, the City only ends up out of pocket if it acts unreasonably or makes unreasonable demands of homeowners. Remember, what we are talking about here is not terrorism, not criminal activity, not organized crime. This is about the City of Ottawa entering the homes of law abiding homeowners, tenants, and ordinary citizens to inspect sewer lines. The sewer cross connections are not going anywhere, the evidence isn't going to be hidden, and the number of such homes is only 50 (yes fifty). Surely, this situation does not call for granting the City of Ottawa sewage inspector the sweeping power to enter under your roof without your okay, agreement or consent. This blog is an opinion piece and commentary of Michael K. E. Thiele and does not necessarily reflect the views of all of the lawyers at QTMG LLP.

Back to School--Road Safety

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, along with the City of Ottawa and Ottawa Police, are reminding motorists that some children are already back in school and that most others will be back to school next Tuesday. In Ottawa, as in other Cities across Ontario this means that motorists will see many more school buses making regular stops to let children on an off buses as well many more children in road intersections and along sidewalks. Ottawa Public health encourages parents to let their children walk to school as this kind of activity is a good part of the physical activity that children should have every day. People, and especially motorists, should keep in mind that as children are on the sidewalks, crossing roads, and walking along roads that they have an obligation to be extra vigilant about these pedestrians. This obligation is not just the "right" thing to do for our young people, but in fact it is a legal obligation of motorists. A driver has a duty to be aware of the surroundings, the roadway, and pedestrians along and on the roadway. Striking a pedestrian is presumptively the fault of a driver who is required to keep a proper lookout along the route. As part of it's road safety program the City of Ottawa has posted five portable variable message signs at high traffic intersections that will operate for the next two weeks. These signs will remind drivers of the start of school as well as their obligation to exercise vigilance when driving near schools and school buses. At QTMG LLP, we look forward to the start of school for all of the children (and perhaps especially our own!). Lets hope for a safe and great start to a new school year.

Street Art: Rideau Street in Ottawa

As any Ottawa resident who travels Bank Street through the Glebe and Preston Street in Little Italy knows, the rebuilt street and sidewalks after crush of construction bring with it the installation of public art along the street. Certainly the example of the street art installations along the two mentioned streets is quite interesting and intriguing to look at though this writer prefers the statues along Preston Street to the sculptures on Bank that are fairly high above the street on poles. For public art, at street level, the work is fairly bold and inescapably will be in front of the users of the street on a regular basis. So, if you're the type of person who enjoys public art and you are a regular user of Rideau Street, Ottawa, you may wish to consider attended the Ottawa Public Library at 377 Rideau Street, Ottawa, Ontario, on September 5, 2012 from 5:30 to 7:30 p.m. to meet four shortlisted artists for the new public art that will be installed on Rideau Street. You will have an opportunity through this process to have your say about what you will see along Rideau Street for the years to come. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, we take an interest in the street-scape as it can not be forgotten that the primary purpose of roads is still to provide a route for vehicles of all kinds. And while public art is nice, that art should not impact on the free flow of people nor distract drivers of all vehicles from safely traversing the road.

Which Courts are these?

Quizz: The photo here shows a Supreme Court of which province and in what Capital City?

QTMG LLP Flies Porter

At Quinn Thiele Mineault Grodzki LLP we know that our clients can not always come to us. At times it is necessary to travel and the lawyers at QTMG will travel. Today the writer is traveling via Porter airlines and the photo shown here is in the computer room of the Porter Lounge in Ottawa. Porter is fantastic!

Welcome Back University & College Students

As the summer ends, the lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, wish to welcome, and welcome back university and college students in the City. We count many students among our clients and we certainly have an interest in assisting any student in the area who needs our help. Respecting student safety the Ottawa Police, the City, and University officials are taking an active role. Starting next week, teams of officers, bylaw inspectors, representative from Action Sandy Hill and University of Ottawa and local councillors will be visiting areas with high student populations bringing them information about City bylaws and property standards. Take note that the Ottawa Police along with the Alcohol and Gaming Commission of Ontario have a new program called Community Alcohol Safety and Enforcement program (CASE) that will augment on-going inspection/enforcement efforts.Many of the calls received at QTMG LLP at the beginning of the school year involve Landlord and Tenant law issues. Mr. Thiele, one of the founding partners of QTMG LLP, is a recognized authority in residential landlord and tenant law matters.At Quinn Thiele Mineault Grodzki LLP we are always pleased to speak with anyone in need of legal help. Our telephone consultations are free of charge.

Mental Health Issues in the Workplace

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, are well aware of the stresses in the workplace. Stress is necessarily endured by employees who are int he workplace to earn a living, support their families, and pay their bills. With an economy that apparently begs for efficiency, belt tightening and cuts, employers, government, and corporations are demanding more commitment from fewer employees. Employees who are "lucky" enough to survive cuts are left in a workplace that looks very different. Query the harm suffered as a result of pressure cooker workplaces--workplaces that fundamentally are unhealthy. Employers and employees, ultimately recognize that an unhealthy workplace is harmful to employees as well as to the organization. No one benefits when employees are working in an environment that is not psychologically healthy. A workplace that is psychologically healthy will provide an environment where the employee is engaged and will support worker health and well-being, recruitment and retention, productivity, effective risk management and corporate social responsibility. If you are aware of a workplace that is not "healthy" with respect to mental health, and you think there might be a receptiveness to changing the work environment, consider accessing the national program available from the Canadian Mental Health Association known as Mental Health Works. Employers benefit from the Mental Health Works program as the program helps foster a psychologically healthy and inclusive work environment. Workers, and all persons in the workplace, benefit from the insight provided through the program. At QTMG LLP we strive to maintain a work environment that is flexible, recognizes the real life issues of our assistants, paralegals, and support staff. Recognizing and accommodating the needs of our team members has allowed us to grow a very long standing and loyal group of employees. As a result of striving to maintain a healthy work environment not only have the lawyers, partners, and employees benefited, but so have our many clients who turn to us for help with their serious personal injury matters. If you think that your workplace could use some help, perhaps consider getting some help from the CMHA.

IMPROVING FOOD SAFETY IN OTTAWA

As personal injury lawyers, you may imagine that the lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, receive many inquiries about different kinds of injuries caused in many different ways. A fairly common call relates to complaints about contaminated food at various restaurants and fast food outlets. The specifics of the complaints are far reaching, from finding foreign objects in food and drink to falling ill because of improper food preparation. How common are these problems? Common enough, as any google search will reveal instances of food borne illness stories in pretty much every local community along with national advisories and recalls being issued across the country by the Canadian Food Inspection Agency. Given these problems, the lawyers at QTMG LLP are reacting favourably to the City of Ottawa's announcement on August 20, 2012, that Ottawa Public Health is working to make eating out in Ottawa restaurants a safer experience. The focus of the initiative is greater information sharing that allows consumers to make informed choices as well as the ability for consumers to more easily report food safety concerns to the City. This will be accomplished through an upcoming web application designed specifically for that purpose. Aside from enhanced communication, the Ottawa Board of Health has also recently approved targeted safe food handler training that will increase the number of certified safe food handlers working in premises known to have a history of non-compliance with food safety regulations. The specific purpose will be to allow Ottawa Public Health to mitigate risks in these "at risk" establishments. The targeted program is complementary to the continuing promotion of voluntary training for all food handlers in Ottawa. For anyone interested in food safety in Ottawa restaurants you may wish to take a look at wwww.ottawa.ca/restaurantinspections

Partner Profile - Michael K. E. Thiele - Ottawa Injury Lawyer

A champion of the underdog Michael K. E. Thiele is an Ottawa lawyer who can lead and motivate the underdogs for their own benefit. He understands extremely-well the plights of the underdogs and the forsaken. He is a lawyer who finds solutions and is determined to implement it. He is fearless of anyone and his altruism for the underdogs is extremely high. It is fitting then that Mr. Thiele represents injured persons throughout Ontario who fight big corporations and insurers. It is equally fitting that he is learned in the landlord and tenant law field, considered to be a leader in his field by his peers. The man behind many of the laws protecting the rights of tenants in Ontario is Michael K. E. Thiele who, in addition to assisting accident victims receive fair compensation, spends much of his time representing underdogs in various legal battles. As a founding partner of the Ottawa law firm Quinn Thiele Mineault Grodzki LLP, Mr. Thiele takes great pride in the fact that he leads the firm in handling cases for those most disadvantaged in society. Mr. Thiele is often asked to lecture at local colleges and associations such as Algonquin College where he teaches various courses and the annual Ottawa Tenant's Conference, where he presents papers and lectures. Trained in alternate dispute resolution techniques, Mr. Thiele is a strong proponent of avoiding litigation if possible. Mr. Thiele prefers to settle his client's disputes if possible. However, with over 15 years of litigation experience, if necessary, Mr. Thiele will use every resource available to bring any matter to a successful conclusion. Mr. Thiele's successes have helped change the law in Ontario. Mr. Thiele is no stranger to litigation. As a senior lawyer, Mr. Thiele mentors younger lawyers in many areas including legal process and strategy. Mr. Thiele's practice involves assisting clients who are injured in various accidents. He makes the litigation process as simple and as easy as possible during a very difficult time for injured persons and their families. The types of claims he handles include car accident claims, slip and fall accidents, dog bites, assaults and general negligence claims. His practice is extensive and includes all areas of civil litigation, with particular focus on injury, disability and insurance matters. . Even though he carries a busy practice, Mr. Thiele is an active member his community, sitting on boards and volunteering in various ways. He is also a busy father of two children and makes sure he always has time to support them in their various activities. His strong family values are what make him such a caring and compassionate lawyer. As a lawyer focusing on personal injury for over 15 years, Mr. Thiele is well versed in handling personal injury litigation and obtaining very favourable settlement of claims. He will make sure that his clients receive the rightful compensation they deserve, however simple or complex the personal injury case may be. With an established experience in handling hundreds, if not thousands, of landlord and tenant matters, Mr. Thiele is your best choice for counsel in any tenancy dispute. Contact Mr. Thiele at 613-563-1131 for a free case assessment.

Ottawa--Digging into the past!

Transit in Ottawa holds a particular fascination for the lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa. As personal injury lawyers, we spend a significant amount of time looking at transit related accidents--from bus accidents, car accidents, motorcycle, trains and planes. The coming of Ottawa Light Rail Transit will inevitably cause injury to some people and when that happens the lawyers at Quinn Thiele Mineault Grodzki LLP will be there to help the victims recover the compensation they deserve. In the mean time, the path to light rail transit in Ottawa is turning up some interesting things from the past. Items are being discovered in the archeological investigation at LeBreton Flats. The City of Ottawa is presenting these items to the public beginning on August 21, 2012, at 10:00 a.m. in the Festival Plaza at Ottawa City Hall, 110 Laurier Ave. West, Ottawa. The City will have the lead resident archeologist from Golder Associates Ltd. on hand to showcase the various artifacts as well as to show present and historic pictures and maps of the excavated area at Lebreton Flats. It should be an interesting morning and we hope to be there as well.

Harzardous Waste--Be Safe

At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, we are frequently contacted by people whose children have been inadvertently exposed to hazardous materials. This most often happens in homes where there have not been any small children for a good number of years. These homes tend not to be "child proofed". So what exactly are hazardous materials? Hazardous materials include Aerosol containers, propane cylinders, disinfectants, fluorescent bulbs/tubes, fire extinguishers, fertilizers and pesticides, mercury switches/thermometers, needles and syringes, pharmaceuticals, paints and coatings oven and window cleaners, pool chemicals, and batteries. As you can see from this list, hazardous materials are, for the most part, fairly common household items. That being said, if you have a shelf that looks like this photo, and you have no need for these items any longer, you may wish to consider taking these items to a hazardous waste disposal depot. On Saturday August 25, 2012, from 9 a.m. to 4 p.m., at Tunney's Pasture parking lot at 150 Tunney's Pasture Driveway between Goldenrod Drive and Sorrel Drive, the City of Ottawa is holding a mobile Household Hazardous Waste Depot. At QTMG LLP we would like to encourage everyone with unused hazardous household materials to bring them to a depot for safe and environmentally friendly disposal. Not only will this remove some clutter, but it will also make your home a safer place for small children.

Licenced Lawyers & Paralegals

A recent incident in Ottawa is highlighting the importance for clients to check that the people they hire are actually real lawyers and/or paralegals. In an Ottawa case, a person going by the names of Neil Shah and Deep Sing Shah, is reported to have held himself out as a lawyer with an office on Laurier Avenue. While the allegations against him remain unproven, reports indicate that several clients lost large sums of money as a result of hiring this person as a lawyer. This story highlights the need for all clients to know how to ensure that the "lawyer" they are dealing with is indeed authorized to practice law in Ontario. To that end, a great starting point is at the website of the Law Society of Upper Canada. The website provides a way for the public to search for a lawyer and to determine if that lawyer or paralegal is in good standing with the Law Society. A lawyer or paralegal who is in good standing will be entitled to practice law in Ontario and will also be insured with the mandatory insurance required by the Law Society of Upper Canada. If there is any doubt after such a search, a client may also call the Law Society to inquire about any lawyer or paralegal that they intend to retain.

BRONSON AVENUE RECONSTRUCTION

Perhaps the recent complaints in various media have made a difference. Bronson Avenue in Ottawa has been undergoing a complete reconstruction and has been impassable for months. The work includes replacement of water and sewer pipes as well as improvement of the street with the installation of a signalized crosswalk to improve pedestrian safety. The City of Ottawa has announced that the working hours on this project are now being extended to include Saturdays between 8 a.m. and 6 p.m.. This will continue until December 2012. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, we have taken note of the construction work on Bronson and are hopeful that this reconstruction work along with some design changes will result in a safer street. Bronson has become a heavily used and fast artery. As many others in the community using Bronson, it was apparent that entering Bronson from the side streets was increasingly difficult and certainly there seems to have been an increase of collisions between cars and bicycles. With this reconstruction and another signalized intersection we can hope that the street is becomes safer.

Traffic Accidents & Worst Intersections Ottawa

The City of Ottawa keeps and maintains statistics on road safety within the capital region. It releases these statistics to the public in an annual Road Safety Report published on the City's website. The Road Safety Report for 2011 was just released by the City. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, the statistical information provided by reports such as this, are invaluable in determining the circumstances around motor vehicle accidents. As a personal injury law firm, the vast majority of our clients are involved in car accidents, motor cycle accidents, and in representing them it is necessary to determine how the accident happened and who is at fault for that accident. This recent report reveals that in Ottawa in 2011 there were 349 collisions at intersections that were controlled with signal lights. Of those accidents there were only 2 major accidents that required hospitalization of accident victims. Significantly, in 2011 there were no fatalities from any of these accidents. So where is the intersection with the most collisions? That would be Hunt Club Road and Riverside Drive with 53 collisions. That is 10 more than 2011. While not the highest number of accidents, the intersection of Belfast Road and St Laurent Boulevard produced the most accidents that required a person to attend hospital. Aside from the "intersection accidents" the report reveals that within the city limits of Ottawa, there were a total of 15295 accidents (a 2.3% increase from 2010). The sombering details reveal that of those accidents there were 25 deaths--9 drivers, 7 passengers, 1 motorcycle driver, 1 cyclist and 7 pedestrians. As these statistics reveal, road safety in Ottawa is something that still can be improved. The loss of life, the number of injuries, all of these reveal the need for greater vigilance and care on the City's roads.

RADON--Anyone to blame?

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, would like to bring to your attention the recent news about Radon Gas build up in homes and the results of recent studies indicating that the prevalence of radon gas in homes was once underestimated. News about Radon gas has made a comeback lately as federal officials have determined that 7% of Canadian homes, nationally, have levels of Radon gas that are above safe levels thereby requiring action to be taken to prevent real harm to human health. What is Radon gas? Well it is a gas created by the decay of uranium in rocks and soil throughout the earth's crust. It is caused by a natural phenomenon. THe problem is that if the gas gets trapped in an enclosed place, like a house, it accumulates to levels that are dangerous to human health. Radon gas is measured in Becquerels. People are often exposed to Radon gas over extended periods of time in their homes. The exposure to radon gas increases their risk of cancer. Recent studies have shown that radon linked deaths in Canada have increased to about 3200 persons annually. Radon is the second biggest cause of lung cancer, after smoking. Is Radon Gas exposure inevitable? A fact of life? The answer is no. You are able to self test for Radon Gas in your home through a do it yourself test kit available at many hardware stores. If radon gas is detected at unsafe levels it is entirely possible to release the gas to the atmosphere through proper venting. The venting will need to be done by professionals to ensure that radon gas levels are brought down to more reasonable levels. Testing is simple and relatively cheap. Given the consequences of prolonged exposure you may wish to consider completing the simple test.

QTMG PROFILES: Marc Quinn

Marc Quinn is an accomplished Ottawa lawyer soon to be graduating into the ranks of senior counsel. Senior counsel is a reference to his over 15 years of experience in the Ontario Courts. During this time Marc has developed powerful skills in his litigation practice representing individual clients from all walks of life. As a founding partner of Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, Marc was instrumental in the firm's shift from a general practice to a focused practice in personal injury law and insurance litigation. When called upon to explain the change in focus Marc explains that to him, the greatest power imbalances and hence the greatest injustices appeared to him in seeing an injury victim, a fire-loss claimant, or anyone for that matter trying to take on an insurance company or a big corporation. As anyone who has been in the legal system knows, the financial cost of going through the process is often enough to bankrupt a person well before any trial or resolution of a case by the Court. The unfairness in the system, the difficulty with access to justice, is what inspired Marc to change the direction of his lawfirm to focus on personal injury work---with the expectation that virtually 100% of the cases in the office be funded by the lawfirm itself. To Marc's mind, clients who have been seriously injured, can not and should not be expected to deplete their life savings paying a lawyer to chase a huge insurance company through the Courts. Accordingly, at QTMG LLP, the vast majority of all personal injury files are pursued on a contingency fee basis----a true contingency fee basis. This means that a client pays nothing--no fees, no taxes, no disbursements unless the money to pay these things is recovered through a lawsuit or settlement with the person who caused the injury in the first place. Marc's passion is his work, his law firm, and the people he helps. This frequently takes him away from his family, his two girls, and his many friends in the community. Marc's passion for helping regular people led him, several years ago, to pursue training in alternative dispute resolution in the family law context as well as mediation training at an advanced level for all types of conflicts. Being able to provide mediation services to people in conflict is another way for disputes to be resolved, hopefully early on, before the extreme expense of the Court system takes over. To that end, Marc is a Court Connected Roster mediator and makes his services available at reduced hourly rates for mediation. Marc was born and raised in Ottawa and attended the University of Ottawa law school. He is fluently bilingual and will conduct cases, interviews, and mediations in French. If you have suffered an injury, are fighting an insurance company, or simply need legal help, you may wish to call Marc for his advice and assistance.

QTMG PROFILES: Mikolaj Grodzki

Perhaps you have stumbled across this article because you are looking for a lawyer. Specifically a personal injury lawyer. If so, we are pleased to introduce you to Mikolaj Grodzki, a partner at the law firm of Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa. Mr. Grodzki is first and foremost a compassionate man with a keen sense of justice. Having worked in the insurance defence industry he has well developed understanding of the challenges faced by injury victims and how the insurance industry can sometimes stand in the way of Justice for those injury victims. Mr. Grodzki now only works for injury victims and he largely confines his practice to motor-vehicle accident / car accident / motorcycle accident law. Why a confined practice? The fact is that insurance law in Ontario, as it relates to car accidents / motor-vehicle accidents is increasingly complex. To be highly effective and successful in helping injury victims it is Mr. Grodzki's opinion that you can not dabble in many different areas of law without losing the specialized knowledge that comes from extensive experience. That kind of experience is what every injury victim should have working for them. Asked about how an injury victim should hire a lawyer, Mr. Grodzki said that " the key is to meet me, let us talk about what happened, let me explain how I can help, and let me tell you how I am working for you." At the end of that meeting, "ask yourself if you trust me, did I answer your questions, and do you believe me". When you can answer those questions affirmatively you know you've found your lawyer. Mr. Grodzki has a flexible work schedule with extended hours. His three young children keep him and his wife busy at their home in Orleans, Ontario. Mr. Grodzki will often make house-calls and hospital visits to clients all over eastern Ontario. Sometimes it just isn't possible for a client to travel to his his downtown Ottawa office. Mr. Grodzki's Polish heritage allows him to speak with his clients in Polish though all legal work is necessarily completed in English or French. If you or someone you know needs a personal injury lawyer, consider giving Mr. Grodzki a call. He would be pleased to hear from you.

COMMUNITY INVOLVEMENT: TENANT'S CONFERENCE

At Quinn Thiele Mineault Grodzki LLP, personal injury Ottawa lawyers, our clients are made up of all kinds of people from our community. As part of our community outreach, QTMG LLP lawyers seek out opportunities to provide free legal information to groups and organizations in need of help. Recently, Mr. Michael Thiele conducted a workshop at the Ottawa Tenant's Conference. The workshop, conducted by Mr. Thiele, at this year's conference was on maintenance issues within the residential complex and how to get them dealt with. In years past, Mr. Thiele as conducted workshops at this same Ottawa Tenant's Conference on the procedures of the Landlord and Tenant Board and how to represent oneself at a Board hearing to preserve a tenancy. How you may ask, is personal injury and landlord and tenant law intertwined? The fact is that many tenants suffer injuries on the grounds of their apartment complexes. The injury may be caused by the negligence of the landlord or even another tenant in the building. In these circumstances, QTMG LLP, is often asked to seek compensation on behalf of the injured tenant. Mr. Thiele is a leading lawyer in Eastern Ontario with respect to residential tenancies law. There isn't much that he has not dealt with in relation to landlord and tenant law as he represents both landlords and tenants in relation to all residential landlord and tenant issues. A relatively recent and interesting case that highlights the connection between personal injury law and landlord and tenant law is the case of Montgomery v. Van wherein the Ontario Court of Appeal held that a landlord can not escape the liability for injury caused by failed snow removal--- even if the landlord requires the injured tenant to be responsible for snow removal in their lease. The Court held that terms in a lease requiring the tenant to be responsible for maintenance are unenforceable being contrary to the provisions of the Residential Tenancies Act. If you have questions or issues relating to Ontario Landlord and Tenant Law you may wish to consider contacting Mr. Michael K. E. Thiele for a free consultation.

Pitbull Attacks Man Shopping For Car--Dog Bite Debate

Once again, another tragic story of a pitt bull attacking a man who stopped to look at a car for sale is dominating the news in Ottawa, Ontario. The lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, know a lot about dog bites and unprovoked dog attacks. While there are many stories like the one in Gatineau, Quebec today, people should be aware that it isn't only large vicious breeds that attack people. Any breed of dog, regardless of how docile, friendly, and good natured they may be, represent a risk for people, especially children. As the debate about certain breeds and dog bites is reignited by the recent pitt bull attack, we would like to make a modest proposal to the politicians--they could make a difference. Our proposal is with respect to the victims, with respect to providing them with adequate remedies in the event of being attacked and suffering serious injuries. As lawyers, we at QTMG LLP have no better ideas about how to prevent dog attacks than most experts in the area. However, we do have experience as direct observers of the profound impact of the injuries caused by dogs gone mad. In short, dog bites / attacks can lead to profound disfigurement, loss of one or more of the senses in all or parts of the body, loss of parts of the body, and deep psychological scarring that will take years of treatment. In the extreme, death. A person who suffers a dog bite/attack can have their entire life changed, destroyed, wiped out in moments. The ability to work, to function normally, to earn a living, to live without pain, to attend school, to interact normally with family--all of these things can be destroyed by an unrestrained dog, someone's pet. When this happens the injury victim needs help and lots of it. Help in the form of medical treatment, counselling, income support, plastic surgery, tutoring, home care, someone to help take care of dependents including children and the elderly, and special care. Most of these items/services, delivered efficiently and in a timely manner, are exceedingly expensive. Most often, the victim lacks the resources to obtain these supports and services and therefore must make do with what is provided through various social welfare programs, their own ingenuity, family and their community. Query, is it right that a dog attack victims are left to fend for themselves in the aftermath of an attack? Is it right that there is uncertainty about victims receiving proper support? Certainly, many people think that a dog attack victim will have the right to sue and therefore get compensated by the dog owner. In theory, this works. In fact, there are many responsible dog owners who are insured. Through their insurance, the dog attack victim may be compensated. Unfortunately, there are many irresponsible dog owners--and they tend to own the dogs that attack people. These irresponsible dog owners are deadbeats who don't take responsibility for their own actions and in this writers view are a scourge on society. These irresponsible dog owners do not have insurance, rarely bother to leash their dogs, and basically set their dogs free on whoever is unlucky enough to be in the vicinity. Against these people, the dog bite/attack victim has no civil recourse. These irresponsible dog owners have nothing, no insurance, no assets, and consequently they are immune to a lawsuit. QTMG LLP's proposal. To make sure that all dog bite/attack victims have the ability to get the compensation they need to obtain the supports and services they need due to the injuries caused by a dog attack; the Dog Owner's Liability Act should be amended to require every dog owner in Ontario to carry pet insurance for the benefit of third parties. There should be severe penalties--i.e. large fines and forfeiture of animals if an owner is caught without insurance. Further, the law should establish a fund, similar to the fund created in the case of uninsured motor vehicle drivers, whereby an injury victim who is unable to recover against a dog owner, or an unidentified dog owner, is entitled to proceed against the Fund for compensation. The cost of the program may be borne entirely by dog owners through the mandatory licensing and insurance requirements in the amended Dog Owners Liability Act. Spread out, over thousands and thousands of dog owners the cost would be negligible in contrast to the benefit conveyed to a child who is profoundly scarred, a mother who has lost her ear(s), eyes, and father who has lost all sensation in a limb. Society insists that people are allowed to keep dogs as pets and accordingly society should make sure that people who are victimized by those pets are at least able to get needed supports and services to help them recover from their injuries. The program would be easy to set up, adjudicative Boards with appropriate expertise already exist (i.e. Criminal Injuries Compensation Board, Financial Services Commission Ontario). We believe that the proposal is reasonable and until we figure out how to prevent dog bites/attacks altogether, a dog owner funded compensation scheme is entirely reasonable and proper. QUINN THIELE MINEAULT GRODZKI LLP; personal injury lawyers Ottawa. Michael K. E. Thiele

WaterParks-Calypso Ottawa

As recently filed lawsuits demonstrate, the high adventure, speed and thrill of big waterpark rides, such as those at Calypso, carry some risk of injury. Big thrills, no matter how well engineered a ride is, can not be entirely risk free. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, we get calls every day from people who are injured through misadventure. In reviewing the incidents that led to the injuries it is important to consider all of the relevant legal factors to determine if there is indeed any liability. Just because there is an injury does not mean that the park or property owner is liable for that injury. Accordingly, in assessing whether there is merit to a claim, it is important to consider how the park owner, in the recent Ottawa cases, was negligent, in breach of contract or in breach of statutory obligations and the duty of care to the park visitor. As a matter of law, it is not enough to simply rely on the "fact" of the injury to establish financial responsibility on the waterpark. At QTMG LLP, we analyze all aspects of a claim before committing our clients to a lengthy court battle. Expert reports, and in the case of amusement parks, engineering reports and government inspection reports are critically important to determine if indeed the park is responsible for the damages sustained as a result of the injuries. With a proper investigation of the underlying circumstances of any case, obtaining expert reports from appropriate professionals, TSSA reports, investigation reports, and supporting evidence of the extent of the damages suffered, it is often possible and even likely that cases such as those involving Calypso can be resolved without the need for stressful and costly litigation. If you, a friend, family member or colleague has suffered an injury through misadventure, call the lawyers at QTMG LLP for a free consultation.

USA and Canada sharing privacy information

New charter allows USA to share Canadian privacy information As readers of this blog will agree, the lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, are always keeping abreast of legal developments that affect the interests of their client. With that in mind, we report that on June 28, 2012, a privacy charter identifying principles of information sharing was jointly released by the United States of America and Canada. One of the principles of that charter is that either country may share personal information about citizens of the other country with a third nation. Accordingly, when a Canadian crosses into the USA over the border, personal information will be available for transfer to a third country when such disclosure is consistent with the law of the domestic country and its international agreements. For information transfer that is not subject to international agreements, the Americans will be required to notify Canada either before or immediately after the sharing of the information. There is no procedure outlined for denying the other country the right to share information. All 12 principles identified in the charter will be applied to the "Beyond the Border Action Plan," a privacy agreement developed between the two nations in November 2011. When information about mental health is released, it can have consequences for people with mental health conditions or a mental health condition history. The Police Records Check Coalition (PRCC) has documented cases where individuals were denied entry at the USA border because information about their mental health was released to border officials. For more information, see www.mentalhealthpolicerecords.ca. Read the full "Statement of Privacy Principles by the USA and Canada" at www.publicsafety.gc.ca.

Statues of Justitia and Veritas Supreme Court of Canada

These statues of Justitia (Lady Justice) and Veritas (Truth) are located outside of the Supreme Court of Canada building in Ottawa, Ontario Justitia, in Roman mythology is an allegorical personification of the moral force in judicial systems. Veritas, meaning truth, was the goddess of truth, a daughter of Saturn and the mother of Virtue. Note that Justitia, in this depiction, is not blindfolded.

Supreme Court of Canada building

Construction of the Supreme Court of Canada began in 1939. The cornerstone was laid by Queen Elizabeth, consort to King George VI. The Supreme Court building, as well as the Quebec Court of Appeal, were designed by Montreal architect Ernest Cormier. The building is a historical site and is located west of the parliament buildings at 301 Wellington Street, in Ottawa, Ontario, Canada.

A view of the Supreme Court of Canada from the back.

Helmet Day Today

At QTMG LLP we have the unfortunate experience of seeing the consequences of some fairly serious head injuries. While using a helmet may not prevent all head injuries the use of a helmet may indeed prevent or lessen that seriousness of a head injury. In recognition of this fact, Saturday June 2, 2012, is recognized as Helmet Day across the region (Eastern Ontario). With this recognition comes a fairly significant discount at local retailers for the purchase of helmets. In many instances the discount must be "asked for" before it is offered but asking can be worth up to 20%. From biking helmets, hockey helmets, skiing, etc., today is a great day to get new helmets for yourself or your kids. This link will take you to a list of the 46 retailers across the region offering sizeable discounts: http://adoptahelmet.com/