Articles

Benefits of having a personal injury lawyer: Injuries don't come calling. You might get injured any time as accidents don't specify a date and time before coming. People these days are very educated about getting accidental insurances and other damage control measures.  At times it has been observed that as an investor you invest your hard earned money in such policies, and when you really need compensation they rarely come to the rescue. Read More»

Cartner v. Burlington (City) and Crystal Shoes 

A case in which the Plaintiff, was injured as a result of a slip and fall. She slipped on a muddy concrete slurry substance that had pooled on the sidewalk just outside the store known as Crystal Shoes. As a result of the fall, she suffered a severe fracture of her right femur. Both Defendants were found liable. Crystal Shoes was found liable in negligence to the Plaintiff because they owed a duty of care to prevent injury to those using the sidewalk from substances emanating from his property. The City was found liable since it failed to keep the sidewalk in a reasonable state of repair and since that failure was a cause of the accident and the damages sustained by the Plaintiff. The judge awarded the Plaintiff (represented by Rob Hooper) $120,000 for pain and suffering, $171,000 for loss of past and future earning capacity. The Judge awarded the Plaintiff’s husband $20,000 for loss of care, guidance and companionship.

K.T. v. Denis Vranich, Elixir and Paradise Lane Developments Hamilton Inc.

A case in which the defendant, Vranich sexually assaulted a young employee of his nightclub, Elixir. Vranich had used his financial control over her as an employer to isolate her from her peers and block any path of escape while he sexually violated her. Vranich was found liable and Elixir vicariously liable for the conduct of Vranich. There was no liability found with respect to Paradise Lane Developments. The Judge awarded the Plaintiff (represented by Rob Hooper) $125,000 for pain and suffering, $25,000 for punitive damages, $75,000 for loss of earning capacity $26,000 for future therapy costs and $48, 753 for legal costs. The judgment stands out because the award for pain and suffering is among the highest level in Ontario. Also, punitive damages being awarded against the corporation (who were vicariously liable) is a first in Ontario.

Muir v. The City of Brantford

A case in which the Plaintiff (represented by Rob Hooper) was rendered a quadriplegic after losing control of his bike in an attempt to avoid two pedestrians traveling towards him off the side of the bike trail located along the Grand River in the City of Brantford. The trail had little to no recovery zone at the area where the incident happened, in addition to the presence of loose rocks and boulders. The Plaintiff brought an action against the City of Brantford alleging that the City acted with reckless disregard in designing, building and maintaining the trail and thereby breached a duty owed to him. The failure of the City’s inspection system to notice and address unraveling pavement and the presence of loose rocks and boulders in such a dangerous location on the trail was considered “reckless disregard.” The City, however, was found to have shown no “reckless disregard” with regards to the location of the trail or the standards in designing the trail. The Plaintiff was found 60% contributorily negligent for the incident. The Judge awarded the Plaintiff $1,116,220.70.