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Home, Cottage and Recreational Property Litigation

Friday, July 22nd, 2011

For many people the most valuable asset they own is their home, cottage or other recreational property.

Heydary Hamilton PC can advise and represent homeowners, cottage owners and other property owners in connection with claims and disputes arising in connection with home, cottage or other residential or recreational property.

Whether such claim or dispute arises in connection with:

  • the design, construction, repair or demolition of property
  • damage to the property
  • fire, smoke, flood, mould or infestation
  • homeowners insurance claims
  • insurance coverage for third party claims
  • injuries occurring on the property, including slip and fall, dog bite and owner or family injuries sustained on the property
  • occupiers’ liability
  • warranty coverage
  • purchase and sale issues
  • alcohol liability and host issues
  • swimming pool claims
  • mortgage, foreclosure and other finance issues
  • easements and licenses
  • ownership disputes
  • partition and sale
  • condominium issues
  • maintenance fees, levies and the like
  • management and operation of the property
  • products liability
  • neighbours, other property owners or associations
  • utilities and suppliers of services
  • trespassers
  • use of the property
  • failure of insurers to defend owners
  • boundary disputes or adverse possession
  • restrictive covenants
  • leasing, sublet or assignment issues
  • tax assessment
  • valuations
  • timeshare issues
  • environmental issues
  • homeowner and cottage owner’s association issues
  • expropriation and eminent domain issues
  • dilapidation and demolition
  • wills and estates issues
  • disputes as to title
  • real estate agents or brokers

Heydary Hamilton PC can provide effective and efficient legal services in connection with home, cottage and recreational properties.

David Alderson, LL.B, LL.M 

Richard Hayles, B.A., J.D.

 

Brief informational summaries about commercial and other litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

 

Posted in Civil Litigation, Construction Disputes, Contract Disputes, Family Law, Insurance & Reinsurance, Litigation Law, Marine & Maritime, Negligence, Personal Injury, Real Estate Law, Travel & Tour Operators | 1 Comment »

Injured on Vacation

Friday, July 22nd, 2011

Canadians love to travel. 

In particular, Statistics Canada recently reported that travel by Canadians to foreign countries included these top fifteen destinations: United States, United Kingdom, Mexico, France, Cuba, Dominican Republic, Italy, Germany, Netherlands, Spain, China, Hong Kong, Japan, Switzerland and Austria.

Travel to the USA included these top fifteen destinations: New York, Michigan, Washington, California, Ohio, Pennsylvania, Massachusetts, Minnesota, Illinois, Florida, Texas, New Jersey, Wisconsin, Maine and Oregon.

But accidents sometimes occur to Ontario residents while they are travelling to or from, visiting, working or vacationing in other provinces or countries. 

Examples of Vacation Accidents

Road, Rail and Air Accidents and Injuries
Bus Accidents and Injuries
Water Accidents and Injuries – Beach and Swimming Pool Accidents
Cruise Accidents, Injury and Illness
Maritime Accidents – Boat and Jet-Ski Injuries
Boating Accidents, including Small Craft and Sailing Accidents
Water Sports Injuries – Diving, Scuba and Snowboarding Injuries
Winter Sports Accidents – Snowmobile, Ski, Snowboard and Climbing Accidents
Equestrian Activities – Riding and Equestrian Sports
Spectator Injury 
Amusement Park Ride Accidents
Victim of Assault or other Criminal Activity
Food Poisoning and Illness

Suppose that during a vacation or while working outside Ontario or abroad, injury, harm or loss was caused to you or a member of your family by one or more of the following: tour operators, travel agents, ship and boat owners and operators and cruise lines, airlines, hotels, restaurants, sports venues, amusement and theme parks, entertainment venues, or ski and snowboard resort owners and operators.  Or you want to present a claim to your travel insurers for injury, death, harm or loss caused during a holiday or travel excursion.

Claims by Ontario residents from events arising in other provinces or other countries often involve complex issues of jurisdiction (where the lawsuit must be started) and questions as to which country’s laws should apply. We can provide an opinion as to whether or not the laws of Ontario apply to your situation, and whether or not the courts in Ontario have jurisdiction to hear your case or whether you must go to a court in a place other than Ontario to seek damages or other remedies. 

In cases where you are required to pursue your accident claim in a province other than Ontario or in the country where it occurred, we cannot provide legal advice or representation, but we can be retained to assist you in the choice and appointment of a lawyer to handle your case in the country where the accident occurred. 

Please note that it is important to seek and obtain legal advice of a competent lawyer in the appropriate jurisdiction as soon as possible, since time limitation periods to give notice of claims and to commence legal proceedings will vary across Canada and throughout the world and in some cases these time limits are very short.

Richard Hayles, B.A., J.D. 

David Alderson,  LL.B, LL.M 

Admitted in Ontario, Canada and New York, USA.
Also admitted (but not practicing) in Bermuda, England and Wales.
Practiced with Legal Consultants in Dubai.

 

Brief informational summaries about commercial and other litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

 

Posted in Civil Litigation, Construction Disputes, Enforcement of Foreign Judgments & Decrees, Insurance & Reinsurance, International & Cross-Border, Litigation Law, Negligence, Passenger Claims, Personal Injury, Travel & Tour Operators, Uncategorized, Urgent Legal Assistance | 4 Comments »

International, Transnational and Cross-Border Litigation – Four Jurisdiction Cases in the Supreme Court of Canada

Friday, March 4th, 2011

There are scheduled for hearing this month in  the Supreme Court of Canada four cases involving the issue whether the courts in Ontario should take jurisdiction over out-of-province defendants, namely:

  1. In proceedings in Ontario arising as a result of  accidents suffered by Canadian tourists in Cuba (Van Breda v. Village Resorts Limited, 2010 ONCA 84, which included Charron v Club Resorts Ltd.)  
  2. In defamation actions commenced in Ontario (Banro Corporation v. Les Éditions Écosociété Inc., 2010 ONCA 416 and Black v. Breeden, 2010 ONCA 547) 

David Alderson LL.B, LL.M (Lond.)

 

Brief informational summaries about commercial litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

Posted in Civil Litigation, International & Cross-Border, International Trade, Litigation Law, Negligence, Sale of Goods, Travel & Tour Operators | 1 Comment »

Indemnity Agreements May Subject Foreign Companies to the Jurisdiction of Ontario Courts

Tuesday, October 12th, 2010

The Court of Appeal recently held that an indemnity agreement that was voluntarily signed by a Mexican transport company was the most significant factor in determining whether Ontario Courts had jurisdiction to hear an action brought against the Mexican Company and an Ontario tour operator for negligence arising out of a bus crash that injured two Ontario residents that purchased the bus tickets in Ontario from an Ontario tour operator.

http://www.ontariocourts.on.ca/decisions/2010/october/2010ONCA0634.htm

Ruzbeh Hosseini, B.Sc., J.D., LL.B.


Brief informational summaries about commercial litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

Posted in Civil Litigation, International & Cross-Border, Marine & Maritime, Travel & Tour Operators | Add Comment »