A recent decision of the Ontario Court of Appeal on the issue of whether or not the Plaintiff’s lawyers were entitled to a “charging order” over the Plaintiff’s damages and costs following a trial where the Plaintiff did not beat a rule 49 offer from the Defendants.
Case Summaries Category Archives
Brophy v. Harrison, 2019 ONSC 4377
Throughout the course of the litigation, the Defendants did not make any offers to settle. There was not even an offer for a dismissal without costs.
Przyk v. Hamilton Retirement Group Ltd., 2019 ONSC 7498
Aviva denied costs after successful trial because of hardball approach.
Hedley v. Aviva Insurance Company of Canada, 2019 ONSC 5318
Insurers’ mere boilerplate reasons for denying treatment will no longer suffice in light of this Licence Appeal Tribunal (“LAT”) decision, which was upheld on appeal.
Benson v. Belair Insurance Company Inc., 2019 ONCA 840
Both Benson and Perneroski applied for accident benefits. Both insurers denied coverage on the basis that the vehicles were not “automobiles”.
The Estate of Carlo DeMarco et al. v. Dr. Martin et al., [2019] ONSC 2788
The use of average wait-times as a defence to causation in a case involving a GP’s failure to refer.