A plaintiff is obliged to exercise reasonable diligence to secure the name of a doctor who may have participated in negligent care to satisfy the requirements of the Limitations Act.
Case Summaries Category Archives
Cheesman et al., v. Credit Valley Hospital et al., [2019] ONSC 5783
This motion considered the admissibility of a defendant ER physician’s standard of care report that was served mid-trial after a preliminary finding was made regarding the scope of the expert’s opinion in relation to his area of practice.
17-000835 v. Aviva General Insurance Canada, 2018 CanLII 83520 (ON LAT)
After exhausting the $3,500 monetary limit available under the Minor Injury Guidelines, Aviva denied his claims for further treatment, arguing that the chronic pain that the Applicant developed does not entitle him to any additional benefits beyond the MIG limits.
McGowan v Green, 2020 ONSC 686
The Defendant brought a motion to compel the Plaintiff to undergo a neuropsychology medical-legal examination in Mississauga. The Plaintiff resided in Ottawa, and objected to the required travel to attend this examination.
Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11
Clarke v. Sun Life Assurance Company of Canada is an appeal decision following a summary judgment motion on the issue of whether or not the plaintiff sued her Long-Term Disability (LTD) carrier within the limitation period.
Lambert v. Maracle, 2019 ONSC 7003
In this case, the plaintiff brought a motion seeking an order to compel the defendant, Aviva Insurance Company of Canada (“Aviva”), to be examined first despite the fact that Aviva was the first party to serve a notice of examination.