Full Decision This appeal concerned the interpretation and application of Rule 53.08 of Rules of Civil Procedure, specifically whether the motion judge erred in refusing to grant the appellant’s (plaintiff) leave to serve their expert report late. The central question was how to apply the rule’s requirement for a “reasonable explanation” for delay, particularly following the 2022 amendments that made it more difficult to file …

Full Decision The recent Hussain decision coming from the Licence Appeal Tribunal (LAT) represents a positive finding for applicants who receive employment income in cash and just how far an insurer may go in demanding additional documentation to prove one’s income and employment. In this case, the insurer denied the applicant’s claim for income replacement benefits (IRBs) alleging he had willfully misrepresented his employment status. …

Gumbley v. Vasiliou, 2025 ONCA 851 (CanLII) Full Decision Trial win by plaintiffs upheld on appeal in a catastrophic brain injury arising from the delay in calling for help and delay in treatment of an acute asthma attack. The defendant doctor did not dispute that she breached the standard of care on appeal but argued that her negligence did not cause the catastrophic brain injury. …

Full Decision Background In Carroll v. Oracle Canada ULC, 2025 ONSC 4889, the Ontario Superior Court of Justice awarded the plaintiff damages for wrongful dismissal. Significantly, the court awarded the plaintiff punitive damages in an amount equal to the amount of the plaintiff’s withheld commissions. The Plaintiff’s Employment & Reasonable Notice Period The plaintiff, Steve Carroll, began working for Oracle Canada ULC (Oracle), in November …

Full decision Late expert reports refused in motor vehicle collision action; extension of time denied. The plaintiff was injured in motor vehicle collision on April 3, 2018 and he commenced an action in 2019. As in most serious motor vehicle claims, expert evidence was required to establish damages. The plaintiff ultimately sought to rely on two key reports: a future care cost assessment and an …

Full Decision Insurer ordered to pay home modifications for catastrophically insured claimant – motion for stay pending appeal denied. The respondent was 83 years when she sustained catastrophic injuries in a motor vehicle accident in April 2016. Following the accident, she continued to live in her apartment with attendant care services. She requested home modifications to her daughter’s home under the Statutory Accident Benefits Schedule …