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…
Case Summaries Category Archives
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…
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…
Gagnier v. Burns, 2021 ONSC 1971
In this case, the Plaintiffs successfully moved to strike the Defendant’s civil jury notice. This is the first decision of its kind in the Windsor-Essex region…
Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57
In this case, the Ontario Court of Appeal reversed the motion judge’s dismissal of the Plaintiffs’ medical negligence claims…