Superior Court Threshold Motion in which the plaintiff established that their impairments (including chronic pain disorder) constituted permanent serious impairment of important physical, mental or psychological function as a result of a motor vehicle collision
Case Summaries Category Archives
Brown v. Baum, 2016 ONCA 325
The Ontario Court of Appeal held that, in circumstances where the plaintiff’s doctor continued to treat the plaintiff and engage in good faith efforts to remediate damage, the plaintiff did not know that it was appropriate to start an action against the doctor until after the last surgery proved unsuccessful.
Lauesen v. Silverman, 2016 ONCA 327
The Ontario Court of Appeal held that a solicitor’s negligence claim based on improvident settlement in a personal injury action was not discoverable until new counsel advised the plaintiff of it after obtaining an expert medical-legal opinion.
Abu-Hmaid v. Napar, 2016 ONSC 2894
This Master’s decision holds that a plaintiff must disclose the existence, but not particulars, of adverse costs protection at examination for discovery.
Daggitt v. Campbell, 2016 ONSC 2742
This decision opens the door, albeit in obiter, to precluding experts with prior judicial findings of bias from conducting defence medical examinations and giving evidence at trial.
Machaj v. RBC General Insurance Company, 2016 ONCA 257
Recent Court of Appeal decision looking at limitation periods for CAT benefits under the SABS.