This was a 15-day jury trial in Windsor, Ontario. Lawyers for the plaintiff were Joanna Sweet and Laura Nicola of Greg Monforton and Partners. Lawyers for the defendants were Nicole Rogers and Carolyn McKeen of Aviva Trial Lawyers. The plaintiff was a 44-year-old contractor and property manager who was injured in a motorcycle collision in August, 2019. At the time of trial, he was 51-years-old. The plaintiff …

Full Decision A successful outcome for the applicant demonstrates that the reconsideration process, while a high threshold, can serve as an effective remedy where the original adjudicator commits a clear factual error that is central to the decision. Takeaways The original adjudicator’s misunderstanding that a CT scan could confirm or deny a concussion was the dispositive error on reconsideration. This decision underscores the importance of …

Full Decision This recent decision from the Licence Appeal Tribunal (LAT) offers helpful guidance and encouragement for plaintiffs and counsel pursuing a catastrophic impairment (CAT) designation under Ontario’s statutory accident benefits regime. Background The case concerned Mr. Mayers, who was injured in a motor vehicle collision on January 25, 2021. The central issue before the LAT was whether he met the threshold for CAT under …

Full Decision Background In N.M. v. C.T., 2026 ONSC 365, the plaintiff brought an action against her former employer for sexual assault, which occurred in the workplace. The Ontario Superior Court of Justice awarded the plaintiff damages in the amount of $137,689. The Plaintiff’s Employment The defendant owned a bar and restaurant and employed the plaintiff as a server. The plaintiff began her employment with …

Full Decision Sarah Khaledi was involved in an automobile collision on July 30, 2022, following which she sought statutory accident benefits from Intact Insurance Company (Intact), her accident benefits (AB) insurer. Intact denied portions of several treatment plans and Khaledi appealed to the Licence Appeal Tribunal (LAT) for resolution of the dispute. The matter proceeded on June 23, 2025, before Adjudicator Timothy Porter. Issues in …

Full Decision Bogoroch & Associates LLP, on behalf of the appellant, Flordeliza Marcelo, was successful in the Divisional Court decision of Marcelo v. The Personal Insurance Company, 2026 ONSC 974, on the important issue of whether an intracranial brain contusion falls within the definition of a “minor injury” under Section 3(1) of the Statutory Accident Benefits Schedule (SABS). The Divisional Court found that the Licence …