Full Decision This 2024 decision of the Supreme Court of British Columbia involved a claim for damages by the plaintiff for injuries arising from historical sexual abuse perpetrated by Gary Redgate, a volunteer tutor at the plaintiff’s elementary school. In addition to claiming against the estate of the deceased tortfeasor, the plaintiff claimed against the relevant School District for vicarious liability and breach of fiduciary …

Full Decision Mitchell v. Mitchell is the first Canadian case to award civil damages to a survivor under the newly recognized tort of intimate partner violence (IPV), established by the Supreme Court of Canada’s landmark decision in Ahluwalia v. Ahluwalia. The Mitchell decision demonstrates that Canadian courts are alive to the extent of harm IPV can cause and will craft damage awards that reflect such …

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 Overview In Trebell v. Canada Life Assurance Company, the Ontario Court of Appeal addressed whether a life insurer can rely on s. 180(1)(c) of the Insurance Act to deny coverage years after a policy was issued because of a change in the insured’s insurability between the application and delivery of the policy. The court held that it can. Section 180(1)(c) is not subject …

Full Decision A person’s dependency on a family member does not necessarily end because they move away for school, live abroad or receive financial support from other sources, such as scholarship funding or other financial assistance. In Certas Home and Auto Insurance Company v. Okenge, the Divisional Court confirmed that dependency for care under the Statutory Accident Benefits Schedule (SABS) requires a contextual assessment of …

Full Decision The appellant, Josef Coban, was catastrophically injured on October 6, 2018, when his vehicle was rear-ended by a tractor trailer resulting in a T8 AIS A spinal cord injury rendering him paraplegic. At the time of his motor vehicle collision (MVC), the appellant was in receipt of wage loss benefits from the Workplace Safety & Insurance Board (WSIB) following a previous workplace injury, …