Jennifer Amer is a lawyer at Lerners LLP.
Full Decision Following this Rule 76 liability only trial, Justice Charles Hackland found the defendants, the property owner and snow and ice removal contractor, to both be liable for breaching their obligations under section 3 of the Occupiers’ Liability Act, resulting in the plaintiff’s injuries from his slip and fall. There was no evidence of contributory negligence on the part of the plaintiff. Facts The …
Full Decision Motion to proceed under simplified procedure and strike the jury notice granted In Ramlingum v. Doe, 2025 ONSC 535 (CanLII), the plaintiff was successful in obtaining an order amending her claim to continue under simplified procedure and striking the jury notice filed by the defendant. Facts As a result of her involvement in a motor vehicle collision involving an unidentified driver in October …
Full Decision Introduction In September 2024, the Ontario Superior Court of Justice released the motion decision of Ferreira v. Hopper, 2024 ONSC 5385. The decision provides that the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) received by a plaintiff is to be deducted from their past income loss award pursuant to section 267.8(1)2 of the Insurance Act, R.S.O. 1990, c.I.8. Facts …
The applicant in this case, DC, was involved in a motor vehicle collision on September 20, 2019. DC was 12 years old at the time. As a result of the collision, DC suffered a traumatic brain injury resulting in catastrophic impairment. The dispute before the LAT was whether the respondent, TD Insurance Meloche Monnex, was required to pay DC a non-earner benefit. At the time of the LAT hearing, DC was 15 years old.
