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…
Case Summaries Category Archives
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…
Nolet v. Fischer, 2020 ONCA 155
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…
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…