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 …

Full Decision This is a case where a minor plaintiff tripped and fell over a raised concrete edge of a buried metal transformer box on municipal property. The following defendants were named: Kitchener-Wilmot Hydro (“KW Hydro”) as the owner of the transformer box; the Corporation of the City of Kitchener (the “City”) as the owner of the apron of a driveway on the road allowance …

Counsel for Respondent: Antonio Meringolo (Plaintiff)Counsel for Applicant: Gloria Shu (Defendant) Case Name: Mills ats. Spring Decision date: February 20, 2019 Full Decision Section. 31 WSIA ‘Right to Sue’ Application – Fails to Knock Out MVA Claim CONTEXTUAL HISTORY On November 29, 2013, the Respondent was injured in a motor vehicle accident at 10:20 am while travelling W/B on County Road 21 in Innisfil, ON. …

An interesting decision on the entitlement to insurance proceeds from an After-the-Event insurance policy and dealing with a client who is under a disability.