This action arose from a 2015 rear end motor vehicle collision. Liability was admitted. The issues at trial were threshold and damages. The defendant took the position that the plaintiff sustained minor soft tissue injuries which resolved within six months of the accident and she had returned to most, if not all of her pre-accident activities…
Case Summaries Category Archives
Sharma v. Allstate Insurance, 2022 ONSC 803
In this recent decision, the Divisional Court overturned a previous Preliminary Issue Decision and Reconsideration Decision of the Licence Appeal Tribunal (“LAT”) that stated that an applicant was statute-barred from adjudicating entitlements to Non-Earner Benefits (“NEB”) due to the two-year limitation period…
Paddy-Cannon v. Canada (Attorney General), 2022 ONCA 110
In this recent Ontario Court of Appeal decision, the Court overturned the lower court’s findings relating to allegations of historic physical abuse, and ordered a new trial…
Cheung v. Samra, 2022 ONCA 195
In this case, the plaintiff was diagnosed with intrauterine growth restriction (IUGR) before birth, and her condition continued to worsen in the weeks prior to her delivery. While she was not suffering notable impairments when she was discharged, two months later she was revealed to have suffered severe brain damage…
Carter v. AVIVA Insurance Company of Canada, 2021 ONLAT 19-012446/AABS-M
In this case, the Plaintiff was injured in a motor vehicle collision on August 16, 2018. He applied to AVIVA for Statutory Accident Benefits including income replacement benefits. AVIVA denied IRB’s in April of 2019 after the Plaintiff completed a multidisciplinary suite of insurer examinations required by AVIVA…
Thiruchelvam v. RBC General Insurance Company, 2022 ONSC 554
In this case, the Divisional Court has weighed in on the applicability of the material contribution test for causation in the context of the Statutory Accident Benefits Schedule…