Lawyers can be held personally responsible for costs when a lawyer breaches his or her duty as an officer of the court and abuses the processes of the court.
Einav Shlomovitz
Einav practices exclusively in civil litigation. Her practice focuses on motor vehicle accident, accident benefits, occupier’s liability, slip/trip and falls, dog bites, medical malpractice, solicitor negligence, class action, employment and sexual assault claims.
During her free time, Einav takes improv and Spanish lessons. She enjoys being active, traveling, and spending time with family and friends.
Baltadjian v. Roman Catholic Episcopal Corporation for the Diocese of Alexandria, 2017 ONSC 61
The Occupiers’ Liability Act does not create a standard of perfection or presumption of negligence against occupiers whenever individuals are injured on their premises. Rather, a plaintiff must be able to point to some act, or failure to act, on the part of the occupier which caused or contributed to his or her injury before liability will be established.
Peters v. Peel District School Board et al., 2016 ONSC 4788
The courts will apply the standard of care of a careful and prudent parent in cases of school board negligence. The application of that standard depends on the nature of the activity and students.
S.T. v. Economical, 2017 CanLII 59507
LAT upheld the limitation period for denied CAT Benefits. It held that a catastrophically impaired Applicant missed the two year limitation period to dispute the Insurer’s refusal to pay housekeeping and attendant care benefits.
Hartley v. Security National, 2017 ONCA 715
The Court of Appeal for Ontario held that a Minnesota tortfeasor with only $500,000 liability limits is an “inadequately insured motorist” under the Family Protection Endorsement (OPCF 44R) in Ontario, where the 44R limits are $1 million.
Grajqevci v. Rustaie, 2017 ONCA 2535
Court is not required to determine whether a plaintiff’s injuries meet threshold for non-pecuniary general damages and health care costs under s. 267.5(15) of the Insurance Act if the amount awarded for pain and suffering is zero.
