Frank Cowan Company
Risk Management Centre of Excellence
Frank Cowan Company Risk Management Centre of Excellence is an online resource created by Frank Cowan Company to provide our clients with the information and tools you need to manage the various risk issues you face on a daily basis.
The site has two access levels; Guest (limited access) and Unrestricted for our broker partners, clients and associates.
Available 24/7, 365 days a year, it’s an online resource you can’t be without.
Launching December 16th - Monitor and track the weather via Snowman, a web-based weather monitoring platform. Snowman reports can provide assistance when defending against claims, especially when coupled with our claim and risk management programs. Register for one of two live webinars or click here to learn more.
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The plaintiff slipped on an icy sidewalk owned and maintained by the Municipality. She fell down causing soft tissue damage to her shoulder, back and neck. She claimed that the City was grossly negligent for failing to adequately plow, salt and sand the area where she fell.
An 18 year old longboarding enthusiast died despite the fact that he was wearing safety gear, including a helmet and having a medical team on hand at the event. The man died when he overshot a corner, flipped mid-air and landed on his head.
More than five years ago, the government of Ontario made several important changes to the Human Rights Code. Some of those changes had an immediate impact. For example, the entire process of the adjudication of claims was streamlined by the removal of the Human Rights Commission as a front-line claims investigation and mediation service. Now, rather than applying to the Commission and waiting to see if it will refer the claim for a full hearing before the Tribunal, the application is made to the Tribunal directly and the claim will be heard by the Tribunal (if it does not settle before then). While this change has not shortened the overall average resolution time of slightly more than twelve months, it has dramatically shortened the resolution time on those cases proceeding through hearing (about two years now, as compared to over four years before)...
Under human rights legislation across the country, employers have a general duty to accommodate employees who are unable to perform their work for a period of time due to illness or disability, to the point of undue hardship. This may require an employer to grant an employee a leave of absence from the workplace. But what if the employee doesn’t provide medical documentation to justify such an absence - surely you could deny the leave? Not necessarily, according to an Ontario arbitrator in TRW Canada Ltd. and TPEA (Lockhart).
The rush of sliding down a hill makes tobogganing an outdoor winter activity that both youth and adults enjoy. Although it is a favorite winter pastime, it can also be very dangerous. Every year thousands of people are injured sledding down hills in city parks, streets and resort areas. Each year in Ontario more than 1700 people visit an emergency department and more than 100 are hospitalized due to a tobogganing injury.
Downhill sledding in the winter causes numerous accidents and injuries, some serious or even fatal. What makes this worse is the fact that 80% of all tobogganing accidents are predictable and therefore, preventable.
There are three main causes of tobogganing accidents:
1. A collision with another sled or vehicle;
2. Loss of control of the equipment; and
3. Falling off of the equipment.
The duty of care for municipal sidewalks is found in section 44 of the Municipal Act, 2001. c 25. Section 44(1) states that “the Municipality that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge”. Section 44(2) states that “a municipality that defaults in complying with subsection (1) is, subject to the Negligence Act, liable for all damages any person sustains because of the default”. From case law we know that section 44 governs the liability of the city in matters dealing with sidewalks, as well as the roadways. In the Law of Canadian Municipal Corporations, 2nd Ed., (LCMC), Ian MacF. Rogers, Q.C. states that “a sidewalk is that part of a street set apart for pedestrians. It is generally a part of the highway”.
This checklist will help you inspect and keep track of your parking lots, walkways, stairs, ramps, loading docks, and downspouts for present conditions, actions required and actions taken.
Check your parking lots, walkways, stairs, ramps, loading docks, and sounspouts for various present conditions and maintenance.
Service dogs go everywhere with their owners unlike therapy animals. They assist their owners with everyday activities like:
• Retrieving dropped items
• Finding help when incapacitated
• Reminding to take medication
• Bracing for going down stairs
• Waking from sleep
Some people associated with your organization may have service dogs. Risk management is important especially when dealing with animals. While service dogs are well trained, intelligent, mild mannered and obedient, they can become stressed if they receive too much attention. It is best to inform other residents/participants of the dog’s attendance and give them general rules to follow or a code of conduct.
Therapy dogs (and other animals) are used for the physical and emotional benefit of people in hospitals, seniors’ residences, nursing homes, day care centres, special needs schools, psychiatric hospitals and many other places where people may be restricted from having pets. The medical profession has widely acknowledged that petting animals can have a calming effect, lower blood pressure, and relieve tension.