A recent decision that speaks to the conduct of counsel with regard to discoveries…
Case Summaries Category Archives
Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200
The Divisional Court decision of Aviva v. Suarez is a recent SABS decision that has important ramifications for the public pertaining to the access to injury victims of benefits provided for in the Statutory Accident Benefits Schedule…
Shafique v. Cowie and Pereira, 2021 ONSC 3032
The defendant brought a motion pursuant to Rule 26.02(c) of the Rules of Civil Procedure for an order granting the defendants leave to amend their statements of defence to plead the legal doctrine of spoliation. Justice Turnbull J. adjourned the motion so that the defendant could return with a proper evidentiary basis to support the motion.
Eynon v. Simplicity Air Ltd., 2021 ONCA 409
In Eynon v. Simplicity Air Ltd, the Court of Appeal addressed a significant punitive damage award in a case where the plaintiff contributed considerably to the incident that caused his injury.
Musllam v. Hamilton General Hospital, 2021 ONSC 91 (CanLII)
The plaintiff brought a contested motion to amend the Statement of Claim to add particulars to the facts that have already been pled, and add two additional defendants. The existing defendant physician also brought a cross-motion to have the action dismissed asserting no genuine cause of action and delay…
Tipping v. Coseco Insurance Company, 2021 ONSC 5295 (Div. Ct.)
In this case, the Applicant sought judicial review of a Licence Appeal Tribunal decision and reconsideration barring him from proceeding with an appeal to the LAT due to his failure to attend insurer examinations for catastrophic impairment. The issue before the Divisional Court was whether the Applicant could proceed to judicial review given he had not exhausted his right to appeal…