New Laws and Landmark Cases Shaping Personal Injury Law in Ontario

Introduction: Personal injury law in Ontario is subject to continuous evolution through the introduction of new laws and landmark court decisions. Staying informed about these recent developments is crucial for individuals involved in personal injury cases. In this article, we will explore notable new laws and significant case references that have shaped the landscape of personal injury law in Ontario.

1. Bill 118: The Occupiers' Liability Amendment Act, 2020: In December 2020, Bill 118 was enacted, amending the Occupiers' Liability Act. This law addresses liability in cases involving slips, trips, and falls on snow and ice. It introduces stricter notice requirements for slip and fall claims arising from ice and snow-related incidents. Understanding the implications of this law is essential for those pursuing personal injury claims related to winter weather accidents.
2. Tamminga v. The Estate of Lynn Taylor: The case of Tamminga v. The Estate of Lynn Taylor (2020) brought attention to the issue of psychiatric harm caused by negligent acts or omissions. The Court of Appeal recognized that a duty of care can be owed to plaintiffs who suffer psychological injuries due to negligence, even if they were not directly involved in the accident. This landmark decision expands the scope of liability for psychological harm in personal injury cases.
3. Caplan v. Atas: Caplan v. Atas (2020) is a notable case that addressed the issue of social media surveillance in personal injury claims. The court ruled that surveillance evidence obtained through the examination of the plaintiff's public social media posts is generally admissible in court. This case underscores the importance of being cautious about what is shared on social media during personal injury litigation.
4. Amendments to the Insurance Act: Statutory Accident Benefits Schedule (SABS): Recent amendments to the Insurance Act have led to changes in the Statutory Accident Benefits Schedule (SABS). These changes affect accident benefits available to injured individuals in Ontario, including the definition of catastrophic impairment and the implementation of a new examination process. Familiarizing yourself with the updated SABS provisions is crucial when pursuing personal injury claims.
5. Antunes v. Limen Structures Ltd.: Antunes v. Limen Structures Ltd.(2021) dealt with the issue of independent contractor status and workplace injuries. The Supreme Court of Canada clarified the test for determining whether a worker is an independent contractor or an employee. This decision has implications for personal injury cases involving workplace accidents, as it establishes criteria for determining the potential liability of employers and contractors.

Conclusion: Keeping abreast of new laws and landmark cases is vital for understanding the evolving landscape of personal injury law in Ontario. Recent developments, such as Bill 118, landmark cases like Tamminga v. The Estate of Lynn Taylor and Caplan v. Atas, and amendments to the Insurance Act and the SABS, all shape the legal framework governing personal injury claims. Consult with an experienced personal injury lawyer who is up-to-date on these recent developments to ensure your rights are protected and to maximize the potential success of your personal injury claim.

Please note that this article provides a general overview of recent laws and landmark cases in Ontario's personal injury law. For specific legal advice and guidance tailored to your circumstances, consult with a qualified personal injury lawyer.