In this case, the appellant was moving out of the respondent’s home after their relationship ended. He tripped on the sidewalk while carrying his freezer out of the home and injured his ankle. He sued for damages under the Occupier’s Liability Act. The respondent moved for summary judgement and was successful in dismissing the claim…
Case Summaries Category Archives
Cueto et al. v. De Los Reyes
In this case, the plaintiffs brought a motion seeking leave of the court to strike the defendants’ jury notice. This action arises out of a motor vehicle accident that occurred on January 14, 2015. The action was set down for trial in September 2018.
Boustany v. Singh, 2021 ONSC 3140 (CanLII)
In a recent Ontario Superior Court decision, Boustany v. Singh, Justice Gibson explored the initial duty of care element in the law of negligence within the context of a Rule 21.01(1) motion…
Aviva Insurance Company of Canada v. J.A., 2021 ONSC 3185 (Div. Ct.)
In this case, the Respondent, J.A. was injured in a motor vehicle accident in February 2005. He applied for accident benefits through his insurer, Aviva. In 2015, around the time when his medical rehabilitation benefits were expiring, he applied for catastrophic impairment determination. Although Aviva found there was insufficient medical documentation, it nonetheless conducted its CAT assessments which later found he was not catastrophically impaired…
Mierzejewski v. Brooks, 2021 ONSC 2295
In this decision, despite the climbing numbers of infected individuals and the great risks posed to individuals (and particularly those with complex medical pictures), Master Jolley ordered that it was necessary that the Plaintiff attend two assessments in-person, during the height of the pandemic…
Waksdale v. Swegon North America Inc., 2020 ONCA 391
In this case, the appellant employee brought an action for wrongful dismissal and moved for summary judgment seeking common law enhanced pay in lieu of notice. The core issue was the interpretation and application of the employment contract. In particular, a termination style clause which restricted pay in lieu of notice to ESA minimum entitlements…