Full Decision The recent Hussain decision coming from the Licence Appeal Tribunal (LAT) represents a positive finding for applicants who receive employment income in cash and just how far an insurer may go in demanding additional documentation to prove one’s income and employment. In this case, the insurer denied the applicant’s claim for income replacement benefits (IRBs) alleging he had wilfully misrepresented his employment status. …
Danielle Bartlett
Danielle Bartlett was called to the Ontario bar in 2017. She is an associate at Tierney Stauffer LLP.
Danielle is a compassionate advocate navigating complex personal injury claims and estates litigation. She practices all types of personal injury claims including motor vehicle accidents, product liability, medical malpractice, wrongful death, slip and falls, as well as sexual assault and historical abuse claims.
Chekhovtsova v. Mutschler et al, 2025 ONSC 4077 (CanLII)
Full Decision Overview The plaintiff sought to set aside a Registrar’s Order dismissing her action for delay under Rule 48.14 and extend the time to set the matter down for trial. The court dismissed the motion, finding that the plaintiff did not have a satisfactory reason for the delay, an intention to prosecute the action within the applicable time limits and that there was significant …
Samura v. Scott, 2025 ONSC 2564 (CanLII)
Full Decision A plaintiff’s last-minute motion to move a six-year-old action scheduled for trial under Rule 76 simplified procedure, citing that she was too unwell to participate in an ordinary trial, was denied by the court as a tactical move causing undue prejudice to the defendant. This decision emphasizes the importance of plaintiff’s counsel in determining strategy and best procedure from the outset of the …
Aghili v. Hafeez, 2025 ONSC 728 (CanLII)
Full Decision Background Facts This personal injury action arose from a motor vehicle–bicycle collision in 2011. The claim was commenced in 2013; productions served and discoveries concluded by 2015; mediation and undertakings completed by 2016; and set down for trial in December 2017. The matter was struck from the trial list in December 2018 when plaintiff’s counsel failed to complete the certification form he received. …
Bernier v. Ottawa (Ville), 2024 ONSC 6725 (CanLII)
Full Decision Bernier v. Ottawa (Ville),2024 ONSC 6725 (CanLII) is a recent waiver liability case which clarifies the interpretation and enforceability of waivers purporting to waive negligence and the importance of the context and circumstances in which a waiver was signed. The defendants, and third party in the action, collectively brought a summary judgment motion to dismiss the plaintiffs’ action. In 2018, Ms. Bernier suffered …
Abdul-Hussein v. Zabel, 2024 ONSC 4035
Full Decision This Ottawa summary judgment decision again highlights that lack of expert evidence may be fatal to a medical malpractice case. Ms. Abdul-Hussein, the self-represented plaintiff in this matter, sued Dr. Werner Zabel, an ophthalmologist. Ms. Abdul-Hussein alleged he had performed a cataract surgery and laser capsulotomy negligently and failed to obtain her informed consent. She framed her claim as one of battery and …
