Judge rejects Insurer’s Hired-Gun Expert and agrees that Plaintiff’s Knee Injury meets Threshold for Damages
Oct 11, 2017
After a jury awarded damages to the injured plaintiff in a 2017 car accident case, the judge ruled that the plaintiff's knee injury met the onus of a permanent serious impairment and resulted because the car accident caused the plaintiff's osteoarthritis to become symptomatic...
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Judge agrees that Plaintiff may add a Condition that Defendant’s Medical Reports must be written solely by the Medical Examiner as Ghostwriting undermines the Credibility of Expert Reports
Aug 27, 2017
In response to a Defendant's request that the Plaintiff submit to two medical assessments before the personal injury trial, the Plaintiff demanded a written condition that the medical examiners’ reports must be solely written by these experts and not ghostwritten. When the Plaintiff refused to undergo the examinations unless the condition was agreed upon, the Defendant filed a motion to have the Court compel the Plaintiff to have the examinations...
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Appeals Court orders a new Trial finding that Defence Expert Witness lacked impartiality and Trial Judge failed in his Gatekeeper Role
Aug 05, 2017
An Appeals Judge ordered a new trial after concluding that a miscarriage of justice had occurred in the previous civil trial, when the trial judge allowed an expert witness for the defence to testify, whose testimony was biased and advocated for the defence...
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Damages Award in Wrongful Dismissal Case is upheld on Appeal
Jul 20, 2017
The Ontario Court of Appeal upheld the trial judge's decision in a wrongful dismissal case involving a McDonald's restaurant manager who was terminated without notice or payment...
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Court allows Plaintiff's Fraudulent Conveyances Claim and Personal Injury Claim to proceed simultaneously against Defendant
Jul 11, 2017
After the defendant driver in a pedestrian accident transfers ownership of his home to his wife, the injured plaintiff filed an additional claim under Fraudulent Conveyances Act. The judge ruled that the personal injury and fraudulent conveyances claims can proceed at the same time. ..
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Judge rules that Plaintiff’s PTSD and Depression Symptoms meet Threshold for Non-Pecuniary Damages
Jun 15, 2017
In a 2017 trial for damages arising from a car accident, the judge rejected the defendant's threshold motion to have the plaintiff's claim for non-pecuniary damages dismissed. The plaintiff suffered from PTSD and depression since the accident and her injuries met the threshold of a permanent and serious impairment of an important bodily function...
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Judge admonishes Insurer and denies their Costs despite dismissing Plaintiff’s Claim for Losses arising from House Fire criminally caused by Plaintiff's Husband
Jun 01, 2017
Despite succeeding in their motion to have the action dismissed in summary judgement, the defendant insurer was denied costs when the judge decided that the insurer’s actions were unprincipled when withholding coverage for house burned down by plaintiff’s spouse in a criminal action..
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Appeal Court upholds Trial Judge's Finding in a Medical Malpractice Suit against two Physicians
May 15, 2017
After being found liable in a medical malpractice suit, two Brampton Hospital physicians unsuccessfully appealed the decision on several issues in which they believe the trial judge erred in making his ruling...
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Appeals Judge rules in favour of Plaintiffs in Costs Decision
May 07, 2017
In a 2016 appeal on costs arising from a car accident claim, the Court upheld the motion judge’s previous decision that the costs recoverable in the tort action may also include the costs incurred by the plaintiff in recovering SABs benefits.
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Municipality and Defendant Driver share liability in Catastrophic Car Accident
Apr 30, 2017
An Ontario judge found the City of Hamilton and defendant driver each 50% liable for a tragic accident that resulted in catastrophic injuries to the plaintiff...
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Judge opens the door to Social Host Liability in dismissing Summary Judgement Motion in Underage Drinking Case
Apr 03, 2017
The family of an underage guest who had been drinking and later sustained catastrophic injuries in a car accident commenced a negligence suit against the party hosts. The defendants subsequently sought summary judgement to dismiss the claim, arguing that a duty of care did not apply and even if it did, they met it; but the motion was dismissed...
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Supreme Court Decision in R. v. Jordan contributes to Delays in Civil Trials
Mar 26, 2017
The presumptive ceiling for bringing criminal cases to trial, as defined by the Supreme Court in R. v. Jordan, has resulted in increasing delays for civil trials which are placed at a lower priority in our under-resourced judicial system...
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The Law Society adopts new Rules to protect the Public from Misleading Advertising and Fee Practices
Mar 24, 2017
In response to concerns about misleading advertising and fee issues, on Feb 23rd, the Law Society accepted a number of proposals and rule changes recommended by the LSUC Working Group...
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B.C. Court awards Damages to Injured Pedestrian and finds Insurer and Agents guilty of Malicious Prosecution
Mar 20, 2017
After prosecutors dropped a charge of trying to defraud an insurer against an injured pedestrian, the previously accused woman filed a civil claim against the Insurance Corporation of B.C.and its agents for malicious prosecution and negligent investigation...
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Defendant's Motion to remove themselves as a Defendant is dismissed, when brought one Week into Trial
Mar 08, 2017
One week into a trial, one of the defendants in a medical malpractice case brought a motion for leave to bring a summary judgement motion to remove themselves as a defendant, but the judge dismissed the motion for being too late and prejudicial to the plaintiff...
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Ontario Judge says Juries exist solely to keep Damages Awards low in the Interest of Insurers
Feb 27, 2017
After a jury awards the Plaintiff less than the statutory deductible, thereby reducing his award for non-pecuniary damages to zero, the judge rules that deciding on whether or not the Plaintiff met the threshold is ultimately moot...
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Appeals Court rules Insurer may deduct Non-earner Benefits from LTD Payments
Feb 07, 2017
The Appeal Court ruled that the appellant’s Group Plan insurer could deduct the amount of non-earner benefit (NEB) her vehicle insurer was paying her in connection with a second accident, from the long term disability benefits (LTD) she was receiving for a previous accident...
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Appeal Court upholds a Finding of Negligence for Defendant Municipality in a Trail Biking Accident
Jan 26, 2017
After a man sustained catastrophic injuries in a trail biking accident, the Ontario Court of Appeal upheld the trial judge’s decision finding the County of Bruce negligent and liable for damages...
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Ontario Court denies Plaintiff’s Motion to Amend her Claim past Limitation Period
Jan 12, 2017
In Arcari v. Dawson (2016), the Court of Appeal rejected the plaintiff’s argument that she could not have reasonably discovered within the two year limitation period, that two new defendants contributed to her injury. Thus, the judge upheld a previous decision dismissing the plaintiff’s motion to add two new defendants to her injury claim...
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Judge supports Plaintiff's Motion to strike Jury two Weeks into Trial
Jan 06, 2017
After first denying the plaintiff’s request to strike the jury prior to the start of a civil trial, the judge agrees to strike jury two weeks into the trial, citing the complexity of the case...
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