Case Summaries Category Archives

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…

RECENT MOTIONS TO STRIKE JURY NOTICES IN CENTRAL WEST

This is a summary for OTLA members with trials fast approaching in Central West – specifically Milton and Peel (Brampton). There are three recent decisions from late February and early March. These cases may be of assistance to OTLA members who are currently considering bringing motions to strike jury notices in these jurisdictions…