Accident Benefits Settlement Deducted from Tort Award as a Result of Itemized Settlement Disclosure Notice
Case Summaries Category Archives
Bonaccorso v. Optimum, 2016 ONCA 34
A Temporary Return to Work Does Not Extend Two Year Limitation Period Triggered by Denial of Income Replacement Benefits
Dimopoulos v. Mustafa et al, 2016 ONSC 429
Threshold motion which considered competing Orthopedic expert reports. Court preferred more extensive, functional approach to impairment used by Plaintiff’s expert.
Lambert v. Khan et al, 2016 ONSC 103
Motion by Plaintiff to determine whether OPCF 44R applied to her claim, in which case her insurer, TD would be required to respond. Companion motion by defendant Lombard, seeking to have cross-claim against it by TD dismissed on rounds of zero liability.
Bruff-Murphy v. Gunawardena, 2016 ONSC 7
This decision concerns a threshold motion following final instructions to the jury for an order striking the plaintiff’s claim for general damages on the basis that she failed to prove she suffered permanent and serious impairment of an important physical, mental or psychological function pursuant to s. 267.5 of the Insurance Act, R.S.O. 1990 Chapter I.8, as amended, including Ontario Regulation 381/03, made therunder. The motion was defeated.
Todhunter v. Owles, 2015 ONSC 5656
This decision concerns a motion for leave to appeal an order permitting the plaintiff to amend his statement of claim by adding named third parties as defendants after the expiry of the limitation period. The third parties were municipal entities. Leave was not granted.