Full Decision INTRODUCTION On July 25, 2024, the Ontario Court of Appeal released the decision of Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586. This decision provides clear guidance on the proper approach to causation when the defendant’s negligence creates an evidentiary gap. FACTS The respondent, Syed Hasan, suffered from a stroke at the age of 40. He initially went to the emergency department …
Full Decision In Co-operators Insurance Company v. Bennett, 2024 ONSC 467, the applicant, Ms. Bennett, was involved in a car crash. She applied for accident benefits through her auto insurer, Co-operators. Co-operators determined that she suffered a “minor injury” as defined by the Statutory Accident Benefits Schedule (“SABS”) and placed her in the Minor Injury Guideline (“MIG” or “Guideline”). In the MIG, Ms. Bennett’s med/rehab …
Full Decision In the recent case Ali v. Irfan, the Court of Appeal upheld the jury verdict rejecting a loss of competitive advantage claim as a result of injuries sustained in a motor vehicle-bicycle collision. Background The action arose as a result of the plaintiff being struck by the defendant’s vehicle while she was riding her bicycle in Mississauga in 2015. The plaintiff was 29 …
Full Decision The plaintiff, Carmen Ranger (“Ranger”), brought an action pursuant to the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“OLA”) for damages she sustained from a slip and fall accident that occurred on January 29, 2013. The defendants named in the action included CPP Investment Real Estate Holdings Inc. (“CPP”), who was the owner of the property, Triovest Realty Advisors (“Triovest”), who was the …
Full Decision In October 2013, the 27-year-old patient attended the emergency department at the Sault Area Hospital by ambulance and was treated by the defendant emergency physician. The working diagnosis was intoxication and the patient was discharged home. The following morning, the patient reported feeling fine to her parents. When her parents returned home from work, they found her in a significantly worse condition and …
Full Decision Background In Pye v. Di Trapani et. el., 2024 ONSC 2265, the plaintiff was awarded one million dollars in a personal injury action. Notably, the amount awarded by the jury exceeded both the plaintiff’s and the defendant’s offers to settle. In this decision, Skarica J. outlined the legal principles regarding costs, offers to settle, pre- and post-judgment interest and indemnity. Held Total costs …