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.

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!

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.