Full Decision Background facts On November 22, 2017, the applicant, Ms. Davis, slipped on black ice in a parking lot while approaching her vehicle. She was holding her key fob and was close enough to the vehicle that her leg came to rest under the driver’s side wheel. She applied for statutory accident benefits from her insurer, Aviva General Insurance Company (Aviva). After three years …

Full Decision In Sprowl v. First Capital, 2025 ONSC 3628, the action arose from a slip-and-fall accident involving an 80-year-old woman who slipped on a patch of ice in the parking lot of a commercial plaza in Waterloo in January 2020.  The trial, conducted under the simplified procedure in Kitchener, was limited to the issue of liability. The issue before the court was whether the …

Full Decision In Trieu v. Aubin, 2025 ONSC 1141, the Ontario Superior Court of Justice dismissed a plaintiff’s personal injury claim arising from a 2015 motor vehicle collision, finding that although the plaintiff suffered a permanent impairment, it did not meet the statutory threshold of seriousness under the Insurance Act. This decision highlights the evidentiary burden plaintiffs face when pursuing damages for chronic but non-catastrophic …

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 …