Case Summaries Category Archives

Herrington v. Brewer et al., 2022 ONSC 2852

Full Decision The Superior Court of Justice helpfully clarifies the approach to quantifying loss of competitive advantage in Herrington. After sustaining injuries in a motor vehicle collision, the plaintiff continued to earn business income but in a market with serious labour shortages. Additionally, he was no longer able to perform the physical work of the job. The case also addressed causation and the “crumbling skull” …

Aviva General Insurance Company v. Catic, 2022 ONSC 6000

An interpretation of section 38 of the SABS, and whether costs must be incurred for an insurer to become entitled to the treatment plan upon an insurer’s failure to give timely notice of a denial.