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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... Read more


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. .. Read more


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... Read more


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.. Read more


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... Read more


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. .. Read more


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... Read more


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... Read more


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... Read more


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... Read more


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... Read more


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... Read more


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... Read more


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... Read more


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... Read more


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... Read more


A Car Owner may be liable when Car Thief crashes stolen Vehicle
Dec 22, 2016

Can you be liable for injuries after your car is stolen and involved in an accident, and your keys were left in the car? This was the key issue to be determined in a 2016 legal proceeding, in which an injured passenger sought leave to amend their claim to add the vehicle owner as a defendant... Read more


Condominium Security Company added as Defendant in Slip and Fall Accident
Dec 19, 2016

A condo security company challenged a plaintiff’s motion to amend her claim to include them as a defendant, on the basis that the two-year limitation period was up; however, the judge ruled in favour of the plaintiff, noting that the limitation period is triggered only when the plaintiff learns of the defendant’s potential involvement or negligence... Read more


Judge rules that Plaintiff’s Claim for Damages for Soft-tissue Injuries not barred under Limitation Act
Dec 10, 2016

In Schaefer v Ayeneababa, the judge ruled against the defendant who sought to have a woman’s claim for damages dismissed for being past the two year limitation period... Read more


Plaintiff awarded legal Costs for City's abandoned Summary Judgement Motion
Nov 24, 2016

After incurring a brain injury from a slip and fall on a City of Toronto sidewalk, the injured claimant was awarded legal costs after the City brought a summary judgement motion to dismiss her claim and later abandoned the motion... Read more