Full Decision In Botosh v. Soric, 2025 ONCA 256, the Ontario Court of Appeal upheld the decision of a motion judge to strike out a civil action commenced by a plaintiff against defence counsel, investigators and a medical expert involved in an earlier personal injury lawsuit. The decision primarily addressed the doctrines of litigation immunity, abuse of process and the limits of tort liability for …

Full Decision In the recent case Rivard v. Ontario, the Court of Appeal outlined what must be pled to advance a negligence action against a chief of police and a police services board. Background The Kingston Police arrested Donald Rivard and his girlfriend on charges of drug trafficking following a search of the vehicle they were driving. Rivard started his negligence claim following his arrest …

Full Decision Bogoroch & Associates LLP, on behalf of the applicant, Kim Benoit, won in the recent decision of Benoit v. Sonnet Insurance Company, 2025 CanLII 25859 (ON LAT), on the preliminary issue of whether the applicant provided notice to her insurer of her intention to apply for accident benefits, in accordance with Section 32(1) of the Statutory Accident Benefits Schedule (SABS). The Licence Appeal …

Full Decision In the decision of AIG Insurance Company v. Riddell, the Divisional Court stayed an order of the Licence Appeal Tribunal (LAT) that denied an adjournment of a complex hearing on the consent of the parties. This is a unique decision, as the Divisional Court rarely reviews interlocutory orders from administrative tribunals as they have broad authority to regulate their own scheduling. The court …

Full Decision In March 2024, four of the largest school boards in Canada commenced legal action against three social media companies: Meta (operating Instagram and Facebook); ByteDance (operating TikTok); and Snap (operating Snapchat). Each of the boards claim that these companies negligently designed their products to cause compulsive use amongst student-age children, resulting in widespread disruption to the education system. The boards also advance their …

Full Decision Overview In a trial to determine damages of a motor vehicle collision action, the trial judge awarded future lost earning capacity to the plaintiff based on a constant annual loss of $16,749 per year. This finding was successfully appealed and the future lost earning capacity assessment was increased. Issues There were two issues on appeal: Held The appeal was allowed and the future …