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 …
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 …