RECENT UPDATES ON THE TORT OF PUBLIC DISCLOSURE OF PRIVATE FACTS
Case Summaries Category Archives
Varriano v. Allstate Insurance Company of Canada, 2023 ONCA 78
The plaintiff was injured in a car accident on September 30, 2015. He applied for accident benefits and received income replacement benefits (IRBs) until Dec 2, 2015 when he returned to work full time.
Hemmings v. Peng, 2023 ONSC 66
The following reasons for decision on costs was released by Justice G. Dow on January 4, 2023. The decision is noteworthy given the significant quantum of costs and disbursements awarded to the plaintiffs and the discussion about Sanderson Orders.
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.
Naghash v. Pashahzahiri, 2023 ONSC 609
Mohammad did not rebut the presumption of consent and he was held vicariously liable for the damages caused by Vahid’s operation of the rented vehicle