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 …
Veerasingam v. Licence Appeal Tribunal, 2024 ONSC 3730
Full Decision The Ontario Divisional Court reminds legal professionals of their professional obligations with respect to advocacy. The single most important task of the litigator is to marshal and present the facts by admissible evidence to prove their case. Lawyers must never knowingly misstate facts. A lawyer must not assert as true a fact that cannot reasonably be supported by the evidence admitted in the …
Van Belois v. Bartholomew, 2023 ONSC 5799 (CanLII)
The plaintiff successfully resisted a motion to compel her to attend a further defence medical examination after the deadline to serve expert reports had passed.
Thanh Du v Economical Insurance Company, 2023 CanLII 116499 (ON LAT)
The applicant, Vinh Thanh Du, was injured in an automobile collision on February 14, 2020. He sought benefits from his car insurer, Economical Insurance. Economical denied treatment plans for physiotherapy and massage therapy on the basis that the applicant’s injuries fall within the Minor Injury Guideline (“MIG”). A claimant is confined to the MIG if they sustain primarily minor injuries in the subject accident.
Pridmore v. Drenth, 2023 ONCA 606 (CanLII)
The plaintiff, Breanne Pridmore, was severely injured riding as a passenger on an all-terrain vehicle (“ATV”) driven by her friend, Tyler Drenth, in March 2014. They were riding along the shoulder of Bird Road, a rural highway road, when she was thrown from the ATV. She suffered complete paraplegia.