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Uncovering the Truth, Hidden Documents and Buried Children: Residential School Survivors and Their Families Deserve Better

There will never be enough compensation to make whole Residential School Survivors or their families, but their experiences cannot be in vain. That requires getting at the truth which continues to rear its ugly presence, even more than 13 years after the Government of Canada formally apologized in 2008. Despite that apology, the wounds of the past continue to be reopened both for residential school survivors and their families…

Ahmed v. Aviva Insurance Company

In the recent case of Ahmed v. Aviva Insurance Company, Aviva Insurance Company proceeded with a motion to dismiss an application as abandoned, despite previous counsel’s death and the applicant’s personal barriers, and was found by Vice Chair Maedel to have acted in bad faith. In the result, the motion was dismissed and Aviva was ordered to pay costs to the applicant…

Fratarcangeli v. North Blenheim

On June 15, 2021, the Divisional Court released its long-awaited decision on three appeals, which all related to whether the Licence Appeal Tribunal (LAT) has the jurisdiction to extend the two year limitation period for disputing accident benefits claims under the Statutory Accident Benefits Schedule. The LAT had been releasing inconsistent decisions as to whether it had this jurisdiction, and clarity was required from the appeal court…

Boustany v. Singh, 2021 ONSC 3140 (CanLII)

In a recent Ontario Superior Court decision, Boustany v. Singh, Justice Gibson explored the initial duty of care element in the law of negligence within the context of a Rule 21.01(1) motion…

Aviva Insurance Company of Canada v. J.A., 2021 ONSC 3185 (Div. Ct.)

In this case, the Respondent, J.A. was injured in a motor vehicle accident in February 2005. He applied for accident benefits through his insurer, Aviva. In 2015, around the time when his medical rehabilitation benefits were expiring, he applied for catastrophic impairment determination. Although Aviva found there was insufficient medical documentation, it nonetheless conducted its CAT assessments which later found he was not catastrophically impaired…

Gagnier v. Burns, 2021 ONSC 1971

In this case, the Plaintiffs successfully moved to strike the Defendant’s civil jury notice. This is the first decision of its kind in the Windsor-Essex region…