In this case, the 52-year-old plaintiff broke his ankle when he slipped on an icy sidewalk in from of a post office in Huntsville on December 20, 2017. He observed a broken eavestrough on the nearby Canada Post building causing water to run onto the sidewalk where he fell. He mentioned the eavestrough to his counsel eleven months after contacting them…
Case Summaries Category Archives
Ahmed v. Aviva Insurance Company
In the recent case of Ahmed v. Aviva Insurance Company, Aviva Insurance Company proceeded with a motion to dismiss an application as abandoned, despite previous counsel’s death and the applicant’s personal barriers, and was found by Vice Chair Maedel to have acted in bad faith. In the result, the motion was dismissed and Aviva was ordered to pay costs to the applicant…
Taylor v. David, 2021 ONSC 3264
In this case, the Plaintiff had undergone a jaw surgery in 2004, and alleged that the surgery was performed negligently and without her consent. She commenced a personal injury action in relation to this procedure in February 2020. The Defendants brought a Motion for Summary Judgment seeking to dismiss the proceeding on the basis that it was not issued within the time periods as prescribed by the Limitations Act.
Fratarcangeli v. North Blenheim
On June 15, 2021, the Divisional Court released its long-awaited decision on three appeals, which all related to whether the Licence Appeal Tribunal (LAT) has the jurisdiction to extend the two year limitation period for disputing accident benefits claims under the Statutory Accident Benefits Schedule. The LAT had been releasing inconsistent decisions as to whether it had this jurisdiction, and clarity was required from the appeal court…
Lightfoot v. Hodgins et al, 2021 ONSC 1950
The COVID-19 pandemic has triggered a proliferation of motions, generally by plaintiffs, to strike jury notices in personal injury cases so that trials can proceed virtually and on schedule. While decisions on such motions have gone both ways, depending on the facts and location of each case, timely access to justice is a recurring theme in each one. However, a recent decision out of Belleville may prompt a different kind of motion to strike a jury notice, one that targets cost effective access to justice…
Davies v. Clarington, 2019 ONSC 2292 (CanLII)
In this case, the court analyzed whether interest on litigation loans should be a payable disbursement and also outlined several key principles to the assessment of costs…