Full Decision This case reinforces the stringent threshold for dismissing a claim via a summary judgment motion, emphasizing that the Court rigorously evaluates whether there is a genuine issue warranting a trial based on the strength of the evidence presented in the motion materials. Particularly in cases involving unidentified drivers, this decision highlights the critical role of medical evidence in successfully contesting a motion for …
Neary v. Aviva Insurance Company of Canada, 2024 ONSC 2510 (CanLII)
This decision illuminates several considerations for lawyers regarding the strategic use of Requests to Admit (RTA). Firstly, the court indicates that RTAs should be employed judiciously, adding significant value to the case without being overly repetitive and should aim to clarify the issues at dispute throughout the various stages of the litigation. Secondly, the court notes that if response deadlines for RTAs are missed, one must successfully plead inadvertence to withdraw the admission, according to Rule 51.05 . The court also reaffirms the criteria for withdrawing admissions under this rule.
Snodden v. 2568832 Ontario Inc, 2023 ONSC 6759 (CanLII)
A Thorough Review of the Law Surrounding the Admissibility of Expert Evidence and Testimony.
Osmani v. State Farm, 2023 ONSC 5438 (CanLII)
Ilaz Osmani and Fakete Osmani, the plaintiffs were involved in a motor vehicle collision (MVC). They claimed damages for injuries they allegedly sustained from the incident. After a nine-day jury trial, the verdict was that the subject MVC did not cause or contribute to any ongoing pain and impairments suffered by the plaintiffs.
HR v. Intact Insurance Company, 2023 CanLII 56030
This case examines which fees are reasonable and necessary for complex treatment plans, including out-of-session services, form completion, brokerage time and report preparation.