Full Decision Background On June 7, 2023, Shane Burton (the applicant), was involved in a motor vehicle accident, after which he was extricated from the vehicle with the jaws of life and later had to be intubated for life saving measures. He ended up in a coma for four days, and suffered from a range of injuries, including two brain bleeds, damage to the C8 …

Full Decision A plaintiff failed to discharge her burden of proving her case in an uncontested trial. Her appeal was dismissed as the trial judge’s analysis of the evidence presented and conclusions reached were sound. Background The appellant provided attendant care services to the respondents, who had been injured in a 2011 motor vehicle accident in the United States of America. They had an oral …

Breach of rule in Browne v. Dunn upheld – Evidence never put before plaintiff on cross-examination Full Decision This action arose out of a motor vehicle collision which occurred in March 2015. The plaintiff’s (Respondent on appeal) vehicle was rear-ended at high speed, became airborne, rolled over and landed in a ditch. The plaintiff suffered a mild traumatic brain injury (mTBI) and experienced post-concussion syndrome. …

Full Decision On August 21, 2025, the Ontario Superior Court of Justice certified a class action against Roberta Place Long-Term Care Home (Roberta Place) in Barrie (and parent companies), stemming from a COVID-19 outbreak in early 2021 that led to unprecedented illness and death among residents and staff. The plaintiffs – residents of Roberta Place, their estates and family members allege that the home failed …

Full Decision The recent decision at the Licence Appeal Tribunal (LAT) provides a comprehensive ruling on the applicant’s claim for statutory accident benefits and found the applicant to meet the test for catastrophic impairment (CAT) under Criterion 7, his entitlement to post-104 Income Replacement Benefits (IRBs) and Attendant Care benefits. Facts The applicant was involved in a motor vehicle collision on January 29, 2021, and …

Full Decision Overview The plaintiff sought to set aside a Registrar’s Order dismissing her action for delay under Rule 48.14 and extend the time to set the matter down for trial. The court dismissed the motion, finding that the plaintiff did not have a satisfactory reason for the delay, an intention to prosecute the action within the applicable time limits and that there was significant …