Thursday, August 30, 2012

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.

Wednesday, August 29, 2012

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.

Tuesday, August 28, 2012

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.

Sunday, August 26, 2012

Which Courts are these?

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

Thursday, August 23, 2012

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.

Wednesday, August 22, 2012

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

Tuesday, August 21, 2012

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.

Monday, August 20, 2012

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.

Sunday, August 19, 2012

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.

Saturday, August 18, 2012

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.

Friday, August 17, 2012

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.

Thursday, August 16, 2012

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.

Wednesday, August 15, 2012

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.

Monday, August 13, 2012

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.