Released August 24, 2015 | CanLII This Superior Court decision involves two summary judgment motions brought by two defendants to dismiss the action against them on the basis of liability. The action arose from injuries the plaintiff sustained to his left ankle while operating a tractor on a steep embankment of a cottage property. While the plaintiff was moving rocks on the property, the tractor flipped …
Case Summaries Category Archives
Malfara v. Vukojevic, 2015 ONSC 78
Released January 8, 2015 | CanLII This case contains a good refresher on the principles which will be considered in threshold motions. Justice Firestone set out the following principles: the trial judge is not bound by the jury’s verdict, but is a factor he or she can consider in determining the threshold motion; “permanent” does not necessarily mean forever until death; a permanent impairment is a weakened …
Unifund Assurance Company v. D.E., 2015 ONCA 423
Released June 11, 2015 | OntarioCourts.ca The Court of Appeal has allowed Unifund’s appeal and overturned the lower court decision. The Court held that an insurer does not have a duty to defend and indemnify its insureds under a homeowner’s policy, with respect to claims they failed to investigate, remedy and prevent their daughter from bullying. In the original ruling, (previously summarized here) Justice Stinson held that …
Bhatt v William Beasley Enterprises Limited, 2015 ONSC 4941 (CanLII)
Released August 10, 2015 | CanLII This is a brief decision addressing whether counsel must produce dockets when the issue of costs is being considered after a trial. This issue arose after the Plaintiffs were successful at trial and awarded $305,000.00 for damages, inclusive of interest. The damages award was more than double the amount of the Defendant’s formal Offer to Settle. This was a judge alone …
Niforos and Allstate Insurance Company of Canada, FSCO A13-007892
Heard April 25, 2015 | Document Bank The Applicant had been receiving CPP disability benefits since 1994. Approximately sixteen years later on March 1, 2010, the Applicant was injured in a motor vehicle accident. Following this accident, the Applicant continued to receive CPP disability benefits. She also applied to her automobile insurer for non-earner benefits. A preliminary issue arose as to whether the Insurer was entitled to …
D.E. v. Unifund Assurance Company, 2014 ONSC 5243
Related: Unifund Assurance Company v. D.E., 2015 ONCA 423 Released September 11, 2014 | CanLII This was an application for a declaration that Unifund Assurance Company (“Unifund”) had a duty to defend and indemnify the applicants under a homeowner’s property insurance policy. The applicants were a married couple who lived with their minor daughter in Toronto. The daughter and parents were all sued as defendants in a lawsuit …