The Divisional Court provides an analysis on the law on spoliation and the relevance of medical records more than 5 years pre-accident.
Romanoski Estate v. Seburn, 2016 ONSC 3481 (CanLII)
The mother pregnant with the deceased’s child is entitled to claim pursuant to section 61 of the Family Law Act.
Ding et al v. John Doe et al, 2016 ONSC 1690 (CanLII)
Summary judgment was granted dismissing the Plaintiff’s action pursuant to the unidentified driver provisions of the Plaintiff’s policy.
Batoor v. State Farm Mutual Automobile Insurance Company, FSCO A13-007600
This is a preliminary issue hearing as to whether the applicant, Hiwad, should be excluded by section 31(1)(a)(i) of the Statutory Accident Benefits Schedule from claiming certain accident benefits as a result of operating an uninsured automobile.
Abuajina v. Haval, 2015 ONSC 7938 (CanLII)
Summary judgment motions on the issue of liability are not appropriate where the credibility of witnesses are important, there is insufficient evidence on the record to evaluate credibility and a mini-trial is not appropriate in the circumstances of the case.
Mikolic v. Tanguay, 2015 ONSC 71 (CanLII)
The Divisional Court concludes that accident benefit settlements encompassing both past and future benefits are deductible against global damages awards without regard to apportionment between past and future amounts.