Released November 19, 2015 | Decision It was an unusual situation. Einarsen parked her vehicle on a slope and engaged the emergency brake. She entered the pub. About ten minutes later, her unoccupied automobile rolled down the slope of the parking lot. The Plaintiff, Little, was struck from behind by the rolling car as he walked across the parking lot. The vehicle continued to roll …
Case Summaries Category Archives
Frank v. Legate, 2015 ONCA 631
Court of Appeal upholds abuse of of process dismissal of Doctor’s defamation lawsuit against medical malpractice plaintiff counsel.
MacDonald v. Duncan, 2015 ONSC 7135
A marginal expansion of the upper limit of damages for loss of care, guidance, and companionship for the loss of an adult sibling.
Mazzucco et al. v. Herer et al, 2015 ONSC 7083
Judge holds that, in some circumstances, LTD benefits are deductible from past and future income loss in a medical malpractice claim.
Duncan v Taylor, 2015 ONSC 7186
In this MVA summary judgment motion, the court found that the plaintiff’s conviction of “failure to yield” under the Highway Traffic Act did not resolve the issues of liability in the civil action.
Rivera v. British Columbia Life & Casualty Company, 2015 CarswellOnt 16988
This application addressed the priority of coverage between a Long-Term Disability Carrier and an Accident Benefits Carrier. The Respondent, BC Life & Casualty Company, took the position that it was entitled to deduct Income Replacement Benefits from their calculation of the Applicant’s Long-Term Disability Benefits. The Applicant brought an application for a declaration that this was inappropriate. As per both the Insurance Act and the …