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.