Discoverability principle extends limitation period when Plaintiff not advised of serious condition by doctor
Case Summaries Category Archives
Zaravellas v. Armstrong, 2016 ONSC 3616
A good refresher on the test for Gross Negligence
Mazzucco v. Herer et al., 2015 ONSC 7083
Mazzucco v. Herer Signals a “New Era in the Private Insurance Exception”
Arsenovski v. Bodin, 2016 BCSC 359
In a recent decision out of British Columbia, the Court ordered a punitive damage award of $350,000 against ICBC. The decision of Arsenovski v. Bodin underscores the importance of an insurer’s responsibility to act in good faith when undertaking claim investigations. In Arsenovski, the Court found the insurer acted maliciously and negligently in its investigation. The case reinforces the fact that insurers should reassess their position in response to new information and evidence to ensure they are acting reasonably and in good faith to their insureds.
Lennox v Burns, 2016 ONSC 2993 (CanLII)
This was a medical negligence claim against a general surgeon following a Hartmann’s procedure and colostomy reversal. Failure to secure informed consent, and failure of surgical and post-operative standard of care were at issue.
Schaefer v Ayeneababa, 2016 ONSC 3673 (CanLII)
This was a summary judgment motion in which the defendant sought to have the motor vehicle action dismissed for a missed limitation period.