Full Decision Background Facts This personal injury action arose from a motor vehicle–bicycle collision in 2011. The claim was commenced in 2013; productions served and discoveries concluded by 2015; mediation and undertakings completed by 2016; and set down for trial in December 2017. The matter was struck from the trial list in December 2018 when plaintiff’s counsel failed to complete the certification form he received. …

Full Decision Motion to proceed under simplified procedure and strike the jury notice granted In Ramlingum v. Doe, 2025 ONSC 535 (CanLII), the plaintiff was successful in obtaining an order amending her claim to continue under simplified procedure and striking the jury notice filed by the defendant. Facts As a result of her involvement in a motor vehicle collision involving an unidentified driver in October …

Full Decision Introduction The decision of Leduc v. Dufour is notable for a number of reasons, first amongst those is a proposed staggered contingency fee percentage in birth trauma and other high damages claims. Second, is the review of the statutory and regulatory standards that govern contingency fee agreements and a reminder of the essential elements of the same. Decision A proposed settlement of the …

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 …