Full Decision Background The Ontario Court of Appeal dismissed an appeal of an Occupiers’ Liability case. The underlying action arose when the plaintiff, Janet Pederson, slipped at the top of a wooden staircase and suffered personal injuries. Liability was hotly contested between the parties. Pederson alleged that the stairs were dangerously slippery due to the application of cleaning products, while the defendants, the Forgets, denied …
Aylmer Meat Packers Inc. v. Harrison Pensa LLP, 2026 ONCA 156 (CanLII)
Full Decision Background The plaintiff (Aylmer Meat Packers) hired a lawyer to represent it on a contingency fee basis. The terms of the agreement were such that the lawyer would be paid only if they won at trial or if there was a settlement. The lawyer, at Harrison Pensa LLP, represented the plaintiff through an 18-day trial. The plaintiff lost at trial – see Aylmer …
Kovacevic v. Griva, 2025 ONCA 814
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 …





