Month: December 2010

In Ontario, a civil lawsuit goes through many stages, all of equal importance in determining facts, liability and evidence.

A Pre-Trial is typically the final stage before a lawsuit proceeds to trial and is probably the most important stage. If matters don`t resolve at private settlement conferences or mediations they proceed to Pre-Trial.

Typically, parties will schedule a Pre-Trial once all matters have been finalized. Following that, parties will prepare legal briefs that will be exchanged with the other side. What makes the Pre-Trial different from all other steps is the fact that a Judge attends.

Pre-Trials are generally informal, but the typical rules of court apply.

Generally, parties have an opportunity to discuss their case and determine the strengths and weakness. However, the Judges input is very valuable. He or she will likely inform parties if their case is good or bad. The Judge usually attempts to provide his or her opinion based on his or her experience at trial. For example, what a Jury might think, or how evidence and facts might come across.

A successful Pre-Trial can be very encouraging. Whereas, a negative Pre-Trial should result in the development of a new strategy.

The Ontario justice system has been structured to encourage settlement and the Pre-Trial is the final stage before trial.

If you require legal services, call the law office of Rehan Khalil, a Mississauga lawyer.

The New York Times reported last week that Dannon agreed to settle with the Federal Trade Commission in the United States regarding claims about its popular yoghurt and dairy products. It was reported that Dannon agreed to pay approximately $21 million dollars.

I have blogged about this case before:

Misleading or False Advertising

Dannon Agrees to pay 35 million settlement.

In 2009, Dannon had agreed to pay $35 million dollars for a settlement that arose because of a class action.

The legal woes stem largely from Dannon`s advertising and marketing practices for Activia a yoghurt product and DanActive a yoghurt drink.

The New York Times reported:

As part of a long-running national advertising campaign, Dannon had asserted that a single daily serving of its Activia yogurt could ease irregularity and that its DanActive dairy drink could reduce a person’s likelihood of catching a cold or the flu.

Slip and fall accidents can happen anywhere at anytime to anyone. They are no laughing matter and can result in serious injuries. In Ontario, the Occupiers Liability Act, is the primary source of law regarding injuries sustained when on the premises of someone else`s property.

Specifically, section 3(1) in lay terms essentially means, that anybody who is an occupier of property has a duty to take reasonable care to see that those people on their property are reasonably safe while on the property.

According to section 3(2), the duty of care is applicable whether the danger is caused by the actual condition of the premises, for example faulty staircase etc. Or, an activity carried on the premises for example, having more people in a room than it can hold.

The key words here are reasonable and care. Lawyers and courts have had to wrestle with the definitions of what is considered reasonable care in the circumstances of slip and falls. For example, if a food item falls in a grocery store and the staff clean it up but fail to clean up one last grape and a patron falls on it, is it reasonable to assume the store did all they could?  Is the standard of reasonable care, one of perfection? Or does that standard change when it is an individual versus a business?

Similarly, what if your home is undergoing some minor renovations and your yard is dug up with large holes. You decide to invite friends over warning them about the renovations. At the event alcohol is being consumed in large quantities, as it gets dark it becomes difficult to see the large holes in the yard. One of your guests, who is fairly intoxicated falls in the hole and injures himself. There are many issues at play in this scenario. Should you have invited friends, was it enough to simply warn them? Or should the event have taken place in another room. Is your friend someone who regularly drinks etc.

Continue reading "Mississauga Personal Injury Lawyer | Slip And Fall"

Winter is here, and that means slip and fall`s will likely increase. A slip and fall can be very serious. This is why it is very important to hire a lawyer that understands not only the law but also the medical aspects.

If you have been involved in a slip and fall ensure you attempt to document as much as you can. Always be honest about the facts surrounding the slip and fall accident but also your subsequent injuries.

Many slip and falls occur at grocery stores and shopping plazas, these facilities often use video surveillance.

It is also very important that you seek not only legal advice but medical treatment. Compensation for a slip and fall like any other personal injury accident is always based on the frequency and duration that you have sought medical treatment or advice. Medical evidence is crucial in supporting any claim for financial compensation.

If you or a loved one has suffered injuries because of a slip and fall accident, call the law office of Rehan Khalil today, a Mississauga lawyer.

Please see some of the other links related to this topic:

Personal Injury FAQ`S

Slip and Fall