Case Summaries Category Archives

Coban v. Declare, 2020 ONSC 5580

In this case, the plaintiffs brought a motion to strike the jury notice and the defendants brought a cross-motion to adjourn the trial because the pandemic has interfered with their ability to obtain responding medical reports…

Landry v. Dos Penedos, 2019 ONSC 1554

In this case, the Plaintiff was involved in two motor vehicle accidents. The first accident caused mostly soft tissue injuries to the Plaintiff, while the second collision caused serious injuries.

Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380

This case serves as a good reminder of the law surrounding the enforceability of waivers. The Plaintiff had attended the Defendant indoor trampoline park. While attempting to land a backflip on a trampoline, he landed on his head and suffered serious injuries including a C7 vertebra fracture that required surgery.

Travelers Insurance Company of Canada v. CAA Insurance Company 2020 ONCA 382

In a unanimous decision, the Ontario Court of Appeal ruled that mere presence of an office in Ontario does not itself make Ontario’s Insurance Act the governing legislation for all auto insurance policies that an insurer underwrites…

N.P. v Western Assurance Company, 2020 ONLAT 19-011629/AABS & 19-012841/AABS

In this case, the Respondent insurer, Western Assurance Company, denied a treatment and assessment plan for an in-home re-assessment of attendant care benefits and housekeeping benefits. The Adjudicator found in favour of the Applicant…