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

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.

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 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.

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.

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.

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.