The Plaintiff sought a declaration of catastrophic impairment and continued entitlement to Income Replacement Benefits after the Post 104 week mark of the accident.

Plaintiff ordered to re-attend examination for discovery after court finds substantial deterioration in his behavioural and psychological condition.

A chain of events triggered by an accident and followed by an assault falls under the definition of “accident” under the SABS according to the latest LAT decision.

A successful motion to add an FLA plaintiff to the action more than 4 years after the motor vehicle accident.

In this unanimous Court of Appeal for Ontario decision, a three-judge panel consisting of Justices R.G Juriansz J.A., D. Brown J.A., and G. Huscroft J.A. considered whether it was appropriate for the Trial Judge to recognize a new freestanding tort of harassment and found that the lower court erred in doing so.

Full Decision Material Facts: This case revolved around a plaintiff, Barry O’Brien, who brought an action for damages as a result of a motor vehicle accident which occurred on October 14, 2010.  At the conclusion of trial, a jury awarded Mr. O’Brien general damages in the amount of $50,000, damages for past loss of income in the amount of $30,000 and damages for future care …