Full Decision Background In Maillet v. Deren, 2025 ONCA 159, the Ontario Court of Appeal outlined the legal principles regarding leave to issue a third party claim and affirmed that timeliness is of the utmost importance when seeking to bring a third party claim. This case involved an action brought by the minor respondent for damages sustained from being bitten by the appellant’s dog on …

Full Decision This case involves a Licence Appeal Tribunal (LAT) dispute between the Economical Mutual Insurance Company (Economical) and Ahmed Zeineddine. The applicant was involved in a serious motor-vehicle collision on January 20, 2020, and was diagnosed with a concussion at the Ottawa General Hospital the next day. The applicant followed up with his family physician on January 22, 2020, where concussion care was further …

Full Decision This was an appeal to the Divisional Court from the Licence Appeal Tribunal (LAT) and reconsideration decision of Vice-Chair Farlam. Several grounds of appeal were raised but the court found it unnecessary to address all grounds. Instead, it focused on the substantive issue of attendant care issue and found the Vice-Chair erred in law by applying the wrong test and making conclusory statements. …

Full Decision On February 11, 2025, the Ontario Superior Court of Justice addressed the issue of a plaintiff’s mental capacity to initiate legal proceedings. The court dismissed the defendant’s motion to either stay the proceedings, appoint Public Guardian and Trustee (PGT) as Litigation Guardian, or require the Plaintiff to submit to a capacity assessment. The decision reaffirmed the presumption of capacity and emphasized the high …

Full Decision In personal injury litigation, the admissibility of expert evidence is often contested, particularly when it involves financial loss calculations based on estimated or incomplete data. The recent Ontario Superior Court decision in Davis v. Ng, 2024 ONSC 5875, provides valuable insight into how courts assess expert testimony in such cases. The case involved a motor vehicle collision on October 7, 2017, in which …

Full Decision Overview In Traders General Insurance Company v. Rumball, 2025 ONSC 779 (CanLII) the Divisional Court rejected an application for Judicial Review of a Licence Appeal Tribunal (LAT) decision concerning an insured’s entitlement to Income Replacement Benefits (IRBs) and the two-year limitation period to dispute an insurer’s decision under the Statutory Accident Benefits Schedule (SABS). In rejecting the application for Judicial Review, the Divisional …