Full Decision The Court of Appeal’s decision in Kotsopoulos appears, at first glance, to be a routine municipal liability appeal. It is not. It is a procedural recalibration. The judgment reinforces that partial summary judgment is not merely a tactical device. It is an exception to the structural integrity of the trial process and courts must guard that integrity carefully. The Procedural Posture The plaintiff …

Full Decision Facts Mr. Bahinipaty, a self-represented plaintiff and former doctor and lawyer, alleged that the defendant doctors deliberately, intentionally, and fraudulently misdiagnosed him with terminal brain cancer during his attendance at Vancouver General Hospital in early 2016. He asserted that the defendants treated him for a brain tumor when he actually suffered from a stroke, which resulted in an unnecessary craniotomy. The plaintiff made …

Full Decision In Bello v. Hamilton (City), the Ontario Court of Appeal confirmed the limited scope of a statutory defence. The defence, set out in s. 44(8) of the Municipal Act, is one that municipalities rely upon to avoid liability for injuries that occur in areas adjacent to highways. The Court of Appeal held that if the public commonly and habitually uses an area adjacent …

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. …