Full Decision A plaintiff failed to discharge her burden of proving her case in an uncontested trial. Her appeal was dismissed as the trial judge’s analysis of the evidence presented and conclusions reached were sound. Background The appellant provided attendant care services to the respondents, who had been injured in a 2011 motor vehicle accident in the United States of America. They had an oral …
Barry v. Anantharajah, 2025 ONCA 603 (CanLII)
Full decision In Barry v. Anantharajah, the Ontario Court of Appeal upheld a trial judge’s decision to award $300,000 in costs to a plaintiff who recovered just over $16,000 in damages. Background On December 9, 2014, Jacqueline Barry was struck by a vehicle while crossing a pedestrian street. She sued the driver, Punithavathi Anantharajah, seeking over $1 million in damages for physical and psychological injuries. The …
Hordo v. CAA Insurance Company, 2025 ONCA 529 (CanLII)
Full Decision In a recent Ontario Court of Appeal decision, J.A. Lauwers granted an extension to move for leave to appeal to the Court of Appeal despite significant deficiencies in the filed matter because the ground of appeal was not without merit and it was in the interests of justice that the matter be heard. Background The appellants, who were self represented throughout this litigation, …
Laurin v. Tiemer, 2025 BCCA 55 (CanLII)
Full Decision Overview In a trial to determine damages of a motor vehicle collision action, the trial judge awarded future lost earning capacity to the plaintiff based on a constant annual loss of $16,749 per year. This finding was successfully appealed and the future lost earning capacity assessment was increased. Issues There were two issues on appeal: Held The appeal was allowed and the future …
Passmore v. Hamilton (City), 2024 ONCA 825 (CanLII)
Full Decision Overview The appellant, Ms. Passmore, was injured in July 2020 when the bus in which she was riding suddenly slammed on the brakes, causing her to fall from her seat and sustain injuries. She sued the bus driver, the Hamilton Street Railway (HSR) bus company and the City of Hamilton (City) for her injuries. The defendants filed a defence and a jury notice. …
Rezai et al v. Kumar et al, 2024 ONSC 4497 (CanLII)
Full Decision Background: The plaintiff, Ms. Sheikhbaghermohajer, was injured in a rear-end collision on October 6, 2014. At the conclusion of trial and accounting for the appropriate deductions and pre-judgment interest, the plaintiff was awarded a total of $469,774.85. The plaintiff sought her legal fees on a partial indemnity basis which was $401,560.23 plus HST. She sought her disbursements which were $139,334.26 plus HST. The …






