Rayanna Gray

Full Decision Pelrine v. Chung: Divisional Court Confirms Rule 53.08 Must Be Applied Contextually In Donna Pelrine, by her Estate Trustee James Pelrine et al. v. Chung et al., 2026 ONSC 4362, the Divisional Court confirmed that amended Rule 53.08 is stricter than its predecessor, but not a mechanical exclusionary rule for excluding expert evidence. Courts must assess the explanation for delay, prejudice, trial impact …

Full Decision In this rehearing decision, the Licence Appeal Tribunal (LAT) awarded a 25% special award under s. 10 of O. Reg. 664, finding that Certas unreasonably withheld and delayed Income Replacement Benefits (IRBs) and medical/rehabilitation benefits. Although the applicant did not establish catastrophic impairment or entitlement to attendant care, Certas’ claims handling was found sufficiently “stubborn, inflexible and immoderate” to justify a substantial award. …

Full Decision LAT Rules Social Worker Entitled to Higher Hourly Rate for CBT Services A recent decision from the Licence Appeal Tribunal (LAT) reminds insurers that dismissing a treatment provider’s qualifications without reviewing the full clinical record can be a costly oversight. Background Christine De Angelis was injured in a motor vehicle collision on May 12, 2022. Her treating provider, Elizabeth Waisberg — a social …

Full Decision In Bello v. Hamilton (City), the Ontario Court of Appeal confirmed the limited scope of a statutory defence. The defence, set out in s. 44(8) of the Municipal Act, is one that municipalities rely upon to avoid liability for injuries that occur in areas adjacent to highways. The Court of Appeal held that if the public commonly and habitually uses an area adjacent …

Full Decision On August 21, 2025, the Ontario Superior Court of Justice certified a class action against Roberta Place Long-Term Care Home (Roberta Place) in Barrie (and parent companies), stemming from a COVID-19 outbreak in early 2021 that led to unprecedented illness and death among residents and staff. The plaintiffs – residents of Roberta Place, their estates and family members allege that the home failed …