The Divisional Court decision of Aviva v. Suarez is a recent SABS decision that has important ramifications for the public pertaining to the access to injury victims of benefits provided for in the Statutory Accident Benefits Schedule…
Taylor v. David, 2021 ONSC 3264
In this case, the Plaintiff had undergone a jaw surgery in 2004, and alleged that the surgery was performed negligently and without her consent. She commenced a personal injury action in relation to this procedure in February 2020. The Defendants brought a Motion for Summary Judgment seeking to dismiss the proceeding on the basis that it was not issued within the time periods as prescribed by the Limitations Act.
Mierzejewski v. Brooks, 2021 ONSC 2295
In this decision, despite the climbing numbers of infected individuals and the great risks posed to individuals (and particularly those with complex medical pictures), Master Jolley ordered that it was necessary that the Plaintiff attend two assessments in-person, during the height of the pandemic…
A.K. v. Allstate Insurance, 2020 CanLII 14418 (ON LAT)
In this case, the Applicant was the seat-belted driver of a vehicle that struck a median, spun out of control, struck another vehicle and came to rest after hitting the guardrail in July, 2010. The Applicant submitted an application for catastrophic determination, which was denied by the insurer…
Belton v. Spencer, 2020 ONCA 623
In this case, the Appellant is a Defendant in a personal injury action in which the Plaintiff seeks damages for injuries suffered when kicked by a horse in May 2010.
Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380
This case serves as a good reminder of the law surrounding the enforceability of waivers. The Plaintiff had attended the Defendant indoor trampoline park. While attempting to land a backflip on a trampoline, he landed on his head and suffered serious injuries including a C7 vertebra fracture that required surgery.