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 …
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 …