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.
Case Summaries Category Archives
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…
Hacopian-Armen Estate v. Mahmoud, 2021 ONCA 545
In this case, the plaintiff died in 2011 of stage IV uterine leiomyosarcoma (“uLMS”), which had metastasized to her lungs. The allegation at the centre of the lawsuit was that her gynecologist failed to perform a routine endometrial biopsy in 2009 and that, if he had, her cancer would have been detected at an early stage such that her death could have been avoided through proper treatment…
A.J. v. Security National Insurance Co., 2021 CarswellOnt 6104
The Applicant was injured on or about May 27, 2016, and sought benefits pursuant to O. Reg. 34/10 effective September 1, 2010. The Respondent, Security National Insurance refused to pay for specific benefits, including an award pursuant to Regulation 664, interest, and costs…
Moore v. 7595611 Canada Corp
In Moore v. 7595611 Canada Corp, a jury awarded two parents $250,000, each, for the loss of their daughter. The defendants appealed the jury’s award and the Ontario Court of Appeal had to decide whether to intervene…