Full Decision Overview In Hemmings, the Supreme Court of Canada (SCC) restated the separate roles of factual causation and remoteness in negligence. All three sets of reasons agree that the two inquiries are analytically distinct and that “remoteness” should replace “legal causation,” “proximate cause” and similar terms (paras. 43, 172, 289). The court divided, however, on how those principles applied to the trial judge’s reasons. …

Court of Appeal Confirms Superior Court Jurisdiction to Approve SABS Settlements for Persons Under Disability Full Decision In Borok v. Primmum Insurance Company, 2026 ONCA 748, the Court of Appeal for Ontario unanimously reaffirmed that settlements of Statutory Accident Benefits Schedule (SABS) claims involving persons under disability remain subject to court approval under Rule 7.08 of the Rules of Civil Procedure. The court also confirmed …

Full Decision Background In Wilsher v. Olympic Wholesale, 2026 ONSC 3620, the plaintiff brought an action against his former employer seeking damages for wrongful dismissal and allegations of bad faith conduct. The court awarded the plaintiff a total notice period of 33 months, nearly double the length of his employment. The Plaintiff’s Termination for Cause   The plaintiff was first hired by the defendant company …

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 …