Full Decision Coincidentally, almost two weeks before Justice Muszynski released her decision in Plante v. Dynamic Functional Solutions Inc. et al., another important decision was released by the Licence Appeal Tribunal (LAT) with respect to third-party medical assessment companies. In Zhou, the applicant sought statutory accident benefits under the Statutory Accident Benefits Schedule (SABS) from her insurer following a collision on August 23, 2023. Prior …

How Lloyd v. Baker Redefines Limitation Period Deadlines in Personal Injury Claims Full Decision In motor vehicle collision claims, determining whether an action has been initiated within the mandatory two-year limitation period often hinges on discoverability, specifically, when the plaintiff knew or ought to have known that their injuries met the “permanent and serious impairment” threshold under the Insurance Act. The Ontario Court of Appeal …

Full Decision This important decision came as the result of a motion to strike the Statement of Claim brought by the Defendants Dynamic Functional Solutions Inc. (DFS) and Dr. Aladetoyinbo. Background The plaintiff, who has been under a disability since birth, was injured in a motor vehicle collision on May 30, 2019. She applied for various accident benefits from her insurer, Economical Insurance, including an …

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 …