Full Decision The Appellant appealed from, and sought, judicial review of two decisions of the Licence Appeal Tribunal (LAT). In his original decision, LAT Vice Chair Tyler Moore (VC Moore) determined that the Appellant was entitled to supervised aqua therapy and psychological treatment and interest for those therapies but not entitled to other benefits which included: attendant care benefits, a four-wheel scooter, a power lift …
Full Decision Plaintiffs seeking productions in actions with their long-term disability insurers often do not receive what they should. Insurers provide incomplete affidavits of documents and refuse to hand over relevant and probative evidence of their internal procedures. This case provides some interesting examples of questions to be asked at examination for discovery and how the Court will deal with productions arising from those questions. …
Full Decision Background In Rebello v. Ontario (Transportation), 2024 ONCA 842 the appellant brought a claim against the Ontario Crown for failing to renew her licence plate and the mistaken transfer of her vehicle’s VIN which invalidated her licence plate. ServiceOntario rectified the error within a month but was subsequently unable to renew the appellant’s licence plate due to unpaid parking tickets and fines. The …
Full Decision Introduction In December 2024, the Ontario Court of Appeal released its decision in The Personal Insurance Company v. Tagoe, reaffirming that the doctrine of discoverability applies to limitation periods under the Statutory Accident Benefits Schedule (SABS) for specified benefits. Building on the principles established in Tomec v. Economical Mutual Insurance Company, 2019 ONCA 839 (CanLII), the Court firmly concluded that insured individuals cannot …
Full Decision The Plaintiff, Meaghan McGuire (“the plaintiff”), brought a motion for leave to amend the statement of claim to add the proposed defendant, CRH Canada Group Inc. C.O.B. Dufferin Construction Company (“CRH”). CRH opposed the motion on the basis that the plaintiff’s claim against CRH was statute barred. Facts On February 17, 2019, the plaintiff slipped and fell. On March 6, 2020, the statement …
Full Decision Overview The appellant, Ms. Passmore, was injured in July 2020 when the bus in which she was riding suddenly slammed on the brakes, causing her to fall from her seat and sustain injuries. She sued the bus driver, the Hamilton Street Railway (HSR) bus company and the City of Hamilton (City) for her injuries. The defendants filed a defence and a jury notice. …