In this case, an Ottawa judge recently applied the Ontario Court of Appeal’s analysis in Louis v. Poitras, 2021 ONCA 49 to strike the jury notices filed. While the procedural history in this case is unique, the motion turned on a relatively straightforward analysis that confirms the prejudicial effect of delay…
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Henry v. Zaitlen, 2021 ONSC 456
The Ontario Superior Court in Toronto recently dismissed the defendant’s motion to strike the jury notice in Henry v. Zaitlen 2021 ONSC 456, days after the Ontario Court of Appeal’s decision in Louis v. Poitras, 2021 ONCA 49…
Marshall et al v. Jackson et al
In this case, the discovery principles with respect to medical malpractice cases apply equally to solicitor’s negligence cases. Master Sugunasiri’s endorsement addresses a refusals motion brought within the context of a solicitor’s negligence case. The plaintiffs alleged, inter alia, that the defendant solicitor negligently drafted a will for an elderly testator who was incompetent and subjected to undue influence.
Z.K. v. Allstate Insurance Company Canada, 2020 CanLII 106429 (ON LAT)
In this case that went before the Licence Appeal Tribunal (“LAT”) following a seven-day hearing held in-person over the months of October and December 2019, the LAT determined that the Applicant had sustained a Catastrophic Impairment as a result of his motor vehicle accident of June 6, 2014…
K.K. vs. Aviva General Insurance, 2020 ONLAT 18-012611/AABS
In this case, the insurer was ordered to pay special award for unreasonably held or delayed payment of IRBs after ignoring severity of psychological impairments and reports of its own assessors…
A Look Into How an Adjudicator is Trained at the LAT
Guest Author: Laura Dickson, Lamont Law In 2018, the independence of the adjudicators and decision-making process was called into question by the Divisional Court. The Divisional Court in Shuttleworth found that, although some outside influence on reason writing was considered permissible, the Court held that there ought to be an institutional consultation procedure in place to safeguard the independence of the decision-maker. The Ontario Court …