In an earlier blog post CAM LLP canvassed what happens when a child is injured while a passenger in a vehicle driven by a family member. A recent decision from the New Brunswick Court of Appeal, Edmondson v. Edmondson, 2022 NBCA 4, granted summary judgment to the legal representatives of a five-year-old child against his father for injuries suffered while a passenger on the father’s motorcycle, and found the father liable squarely on the basis of his parental negligence.
The case highlights the high degree of care that a parent must take while transporting their child, should the worst happen and they are in a motor vehicle accident. Continue reading
Your duty to mitigate by returning to work
All personal injury plaintiffs are required to try and minimize their damages. This is called the duty to mitigate. Essentially, it means that even if someone else’s negligence caused your injuries, you have a responsibility to take all reasonable steps to heal from your injuries as best you can and to reduce any negative consequences from your injuries. If you could have taken reasonable actions to avoid or minimize a loss and you chose not to, damages for that loss will not be recoverable as our courts consider it unfair to make a defendant pay for losses that a plaintiff could have reasonably avoided. Continue reading
The Owen Schlosser World Team Tennis Fundraiser (OSWTT) is back! And CAM LLP is delighted to be a part of it.
Since 2011, the Owen Schlosser Memorial Tennis Scholarship has supported student-athletes on the University of Alberta Golden Bears and Pandas tennis teams.
This year’s event will be held April 28-30, 2022, at the University of Alberta Michener Park Tennis Centre.
Owen Schlosser was a student in the Industrial Design program at the University of Alberta but began his studies in Physical Education and Recreation. He always enjoyed competition and being active as a soccer player, a tennis player and a tennis coach. Continue reading
Biking is becoming an “all weather” pastime in Alberta. Many people have adopted winter biking on their “fat bikes,” as a way to maintain their health while commuting to work in urban settings, or recreationally, enjoying the pathways groomed for winter bikers. There is also a correlation between an increase in biking generally and the restrictions imposed during the pandemic. More cyclists on the roads all year round means more cycling injuries.
Cyclists who continue to bike during winter and early spring face additional challenges. Slippery roads, low visibility with shorter days, and the snow and ice on the roads can force drivers and cyclists to share a narrower space in the winter months. Continue reading
Losing a loved one is devastating. This article reviews your potential legal remedies as a result of wrongful death, but we know that no amount of money can replace your loved one.
We also recognize that the first step in dealing with your loss is to obtain emotional support from your family and friends, and to access necessary counselling support to help you cope with the grieving process.
Alberta Health Services has gathered some resources that you may find helpful here and additional resources are available through CAMH Edmonton. Your family doctor may also be able to connect you with local resources. Continue reading
In an earlier blog post, we looked at compensation for pedestrians hit by motor vehicles. This post looks at pedestrians injured in slip and falls. Specifically, we want to highlight that pedestrians have certain obligations to look out for their own safety, especially in harsh winter conditions. If they do not, they may be found partly at fault (“contributory negligence”) or entirely at fault, in which case their action is dismissed.
The obligations of a pedestrian while walking in winter include:
- to wear appropriate footwear for the weather and environmental conditions;
- to walk at a normal pace given the conditions, and not rush or run; and
- to be aware of the conditions, especially if the walkway is covered in ice and snow.