Pierringer Agreements and the Prevention of Double Recovery Full Decision On June 10, 2026, Justice Heeney of the Ontario Superior Court of Justice released his reasons in Furtado v. DeSousa, 2026 ONSC 3356, addressing an important question in multi-party personal injury litigation: to what extent must settlement monies paid under a Pierringer agreement be deducted from the damages a non-settling defendant is found liable to …

Full Decision In this rehearing decision, the Licence Appeal Tribunal (LAT) awarded a 25% special award under s. 10 of O. Reg. 664, finding that Certas unreasonably withheld and delayed Income Replacement Benefits (IRBs) and medical/rehabilitation benefits. Although the applicant did not establish catastrophic impairment or entitlement to attendant care, Certas’ claims handling was found sufficiently “stubborn, inflexible and immoderate” to justify a substantial award. …

Benefits received under the Statutory Accident Benefit Schedule (SABS) may not be deductible in a slip and fall action. Background Facts and Procedural History The plaintiff, Mr. Diep, was seriously injured when he slipped and fell on snow and ice in a parking lot. He had walked towards his car with his key FOB in hand and was reaching for the door handle of his …

Full Decision At approximately 4:30 am on June 29, 2023, Wilfred Poisson and his partner were asleep in their home when a pick-up truck crashed into the first floor of their home. The impact triggered the smoke detectors, which activated flashing strobe lights and a voice alarm repeatedly calling out “Fire, Fire, Fire.” Mr. Poisson was jolted awake in a state of panic, got dressed …

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 …

Full Decision Background The applicant was involved in a motor vehicle collision on November 15, 2022 and sought accident benefits from Onlia Insurance Company, pursuant to the Statutory Accident Benefits Schedule (SABS). Following her application for benefits, Onlia placed the applicant in the Minor Injury Guideline (MIG) and denied attendant care and various treatment plans based on same. The applicant applied to the License Appeal …