Full Decision The appellant was a 45-year-old woman who suffered a spinal cord hemorrhage resulting in paraplegia while travelling as a passenger in a motor vehicle on October 10, 2020. The appellant brought an application for accident benefits and her insurer denied her application on the basis that she was not involved in an “accident.” The main issue between the parties was causation. There was …
Full Decision In a significant decision for both employers and employees, the Ontario Court of Appeal (ONCA) recently found that Minutes of Settlement and a Release and Indemnity (Settlement Documents) executed by an employee after his termination barred him from receiving compensation for vested stock units, even though those units were not specifically in dispute at the time of the settlement. Facts Matthew Preston, a …
Full Decision I. OVERVIEW This case arises as a result of the alleged inexplicable treatment of an inmate who was imprisoned alone in a jail cell at Quinte Detention Centre (QDC) and left lying in the cell lifeless without intervention until muscle necrosis set into his arm. When guards finally intervened, and arranged emergency transportation to the hospital, doctors had no choice but to perform …
Full Decision In the recent decision of Cyples v. Intact, the LAT clarified the test to be met for a catastrophic impairment (CAT) finding under criterion 8, as defined in s. 3.1(1)8 of the Statutory Accident Benefits Schedule (SABS). The case involved a motor vehicle collision that occurred on October 30, 2016, and a subsequent dispute as to whether the Applicant was CAT or not. Whereas …
Full Decision Bernier v. Ottawa (Ville),2024 ONSC 6725 (CanLII) is a recent waiver liability case which clarifies the interpretation and enforceability of waivers purporting to waive negligence and the importance of the context and circumstances in which a waiver was signed. The defendants, and third party in the action, collectively brought a summary judgment motion to dismiss the plaintiffs’ action. In 2018, Ms. Bernier suffered …
Full Decision Factual Background The plaintiff underwent a robotic-assisted laparoscopic hysterectomy at St. Michael’s Hospital with the defendant Dr. Sari Kives on July 20, 2015. Dr. Kives documented that during the surgery she took down (or cut) “quite a significant amount of adhesions by the left fallopian tube to the bowel.” Dr. Kives also documented that the top of Ms. Szeto’s uterus was inadvertently perforated …