Full Decision On April 19, 2021, the applicant, a self-employed bicycle delivery person, was involved in a motor vehicle collision. As a result, the applicant required surgery for physical injuries and qualified for post-104-week income replacement benefits. His non-catastrophic medical rehabilitation/attendant care limits were eventually exhausted. A preliminary issue arose as to whether the applicant’s roommate could testify. The witness statement was late served – …

Full Decision Overview In Maher v. Kiric, 2025 ONSC 2327 (CanLII) the defendant brought a threshold motion regarding the plaintiff’s entitlement to non-pecuniary damages and healthcare expenses. Justice Brownstone, upon hearing submissions regarding the medical records and expert evidence, ruled the plaintiff could not establish she sustained a permanent impairment of a physical, mental or psychological function caused by the accident. Facts, Trial and Threshold …

Full Decision The Ontario Court of Appeal affirmed the use of Pierringer Agreements as an important tool for resolving multi-party litigation despite the joint and several liability impacts resulting to the non-settling defendants.  In Cadieux v. Cadieux et al (2025 ONCA 405), the plaintiffs had entered into a Pierringer Agreement with the defendant, The City of Ottawa.  Like all Pierringer Agreements, the agreement carved out …

Full Decision Background Facts This personal injury action arose from a motor vehicle–bicycle collision in 2011. The claim was commenced in 2013; productions served and discoveries concluded by 2015; mediation and undertakings completed by 2016; and set down for trial in December 2017. The matter was struck from the trial list in December 2018 when plaintiff’s counsel failed to complete the certification form he received. …

Full Decision Motion to proceed under simplified procedure and strike the jury notice granted In Ramlingum v. Doe, 2025 ONSC 535 (CanLII), the plaintiff was successful in obtaining an order amending her claim to continue under simplified procedure and striking the jury notice filed by the defendant. Facts As a result of her involvement in a motor vehicle collision involving an unidentified driver in October …

Full Decision Introduction The decision of Leduc v. Dufour is notable for a number of reasons, first amongst those is a proposed staggered contingency fee percentage in birth trauma and other high damages claims. Second, is the review of the statutory and regulatory standards that govern contingency fee agreements and a reminder of the essential elements of the same. Decision A proposed settlement of the …