Full Decision The Superior Court of Justice helpfully clarifies the approach to quantifying loss of competitive advantage in Herrington. After sustaining injuries in a motor vehicle collision, the plaintiff continued to earn business income but in a market with serious labour shortages. Additionally, he was no longer able to perform the physical work of the job. The case also addressed causation and the “crumbling skull” …
D’Eon v. Hosseini, 2022 ONSC 4397
An example of the plaintiff advancing a significant damages claim after sustaining mild traumatic injuries.
Stewart v. Lattanzio, 2022 ONSC 1770
In Stewart, the plaintiff’s motion seeking to compel production of an expert assessment company’s records dealt with the issue of whether an opposing party’s expert communications and drafts are protected by litigation privilege.
Morris et al. v. Prince et al., 2022 ONSC 1291
An example of successfully excluding evidence of a biased defence life care expert at trial.
Meade v. Hussein, 2021 ONSC 7850 (CanLII)
In this case, the defendant moved for an order excluding all evidence referring to a brain SPECT scan (“single-photon emission computed tomography”) undergone by the plaintiff in order to detect brain injury. The plaintiff opposed the motion…