Category: Accidents

Injuries in Municipal Parks and Other Public Spaces – Who is Liable?

Playgrounds, parks and schoolyards are important and well-used features of most communities, providing spaces for children and families to engage in a variety of outdoor activities, during both winter and summer. Most of the time, these activities simply bring fun and enjoyment. However, sometimes accidents occur and someone is injured. If that happens to you or a loved one, you may wonder who could bear liability.

How common are playground injuries?

Some data is available to help understand the prevalence of injuries occurring in parks and playgrounds. One source suggests that as many as 20,000 to 30,000 children in Canada are treated in hospital emergency departments for playground injuries each year. Continue reading

Alberta Minor Injury Cap – Update 2025

The Superintendent of Insurance Interpretation Bulletin 07-2024 confirms the annual increase in the Minor Injury Cap; the amount for non-pecuniary damages for minor injuries sustained in car accidents in Alberta.

Effective January 1, 2025, the maximum minor injury amount of $6,061 will be increased by 2%, to $6,182. The new amount is applicable to minor injuries resulting from automobile accidents that occur in Alberta on or after January 1, 2025.

Last year the adjustment to the minor injury cap for inflation was 4%. Effective this year, the government has changed the way adjustments are made to account for inflation, adopting a new approach to standardize inflation adjustments used across government by setting an escalator annually in the Alberta Personal Income Tax Act. Continue reading

Helping a Loved One with a Brain Injury or Injury that Prevents Them From Being Able to Instruct a Lawyer

What Is a Litigation Representative?

When a person has suffered an injury that warrants bringing a legal claim for compensation, the usual course is for that person to retain a lawyer to work with them through the litigation or settlement process. However, in some cases, a person’s injuries may be so severe that their ability to make decisions or manage their affairs is compromised. This is sometimes referred to as “lacking capacity” and this situation may be temporary or permanent depending on the injury.

A lawyer is not permitted to take instructions about the conduct of a legal proceeding from someone who lacks capacity. Continue reading

Weather-related pedestrian injuries in Alberta

Pedestrians are more vulnerable to injury in winter and early spring in Alberta due to the accumulation of snow and ice on roadways and sidewalks and surprise “second winter” events. If you or a loved one suffers a fall and gets injured, you may wonder if there is a right to compensation, and who to address your claim to.

Liability for injuries suffered in outdoor slip and fall accidents is governed by either the Municipal Government Act or the Occupiers’ Liability Act, depending on who has care of the property where the accident occurs.

Accidents on Municipal Sidewalks

In most cases, municipalities bear ultimate liability for slip-and-fall injuries resulting from snow or ice on sidewalks. Continue reading

Winter recreational injuries: When can you claim damages?

Winter in Canada provides opportunities for plenty of thrilling outdoor activities, including skiing, snowboarding, snowmobiling, fat biking, and pond hockey. For outdoor enthusiasts, there is much to enjoy. But many of these activities also involve a degree of risk, and injuries are unfortunately not uncommon. If you or a family member gets injured during winter activities, is it possible to seek compensation?

The answer is: sometimes. There are a number of factors influencing whether someone else may be liable for your injuries, including legislation, any waivers you may have signed, and the specific circumstances surrounding your accident. An experienced personal injury lawyer can assist you in evaluating how those factors may operate in your situation. Continue reading

Independent Medical Examinations (IMEs): What you need to know

If you are injured in an accident and have started a lawsuit against the person you believe is responsible, your ultimate goal is to obtain monetary compensation for your injuries and losses. A key consideration in determining the appropriate amount of compensation you are entitled to is the extent of your injuries and how they affect your life. Often, these elements will be contested by the at-fault party, who may believe your injuries are less serious than you claim.

It is important for both sides to have a clear understanding of what your injuries are, what your prospect for improvement is, and what type of treatment you will need in the future. Continue reading