Summary of Important Cases

The applicant brought this Application under rule 7.08(4) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the “Rules”) for Court approval of the proposed full and final settlement of his statutory accident benefits claim. Settlement of the corresponding…

In the recent birth trauma case of Cheung v. Samra,[1] the Ontario Court of Appeal set aside an order for a new trial by a lower court Judge and awarded the plaintiffs $14.9 million in damages. In doing so, the…

Following a 6-day video-conference hearing, Adjudicator Lake ruled that the Applicant was entitled to payment of income replacement benefits in the amount of $400.00 per week from July 17, 2019 to date and ongoing, plus interest in accordance with s.…

Section 10 of the Regulation 664 provides that, if the Tribunal finds that an insurer has unreasonably withheld or delayed payment of benefits, the Tribunal may award a lump sum of up to 50 percent of the amount to which…

Although the Applicant’s appeal of the attendant care benefit was filed beyond the two-year limitation period, the Tribunal found that under s. 7 of the Licence Appeal Tribunal Act, the justice of the case required the limitation period to be…

Of critical importance is an early investigation into any access to long term disability insurance policies by lawyers retained to represent accident victims. That is because the Limitations Act imposes a two-year time limit on starting lawsuits, including against LTD…

The Supreme Court of Canada in Nelson (City) v Marchi, 2021 SCC 41 recently confirmed that municipalities owe a duty of care to prevent injuries from snowbanks on roads and sidewalks.  At issue in this personal injury action was whether…

In Armstrong v Ward, 2021 SCC 1 the plaintiff underwent a colectomy procedure performed by the defendant surgeon. Following the surgery, the plaintiff had post-operative issues and it was determined that her left ureter had a blockage which ultimately necessitated…