Full Decision Facts The plaintiff, a 29-year-old smoker, attended the emergency room in March of 2014 with a severe cough, phlegm, chest pain, crackling in the lungs and a low-grade fever. He saw the defendant ER physician, Dr. Abu-Laban, and was given a chest x-ray, which Dr. Abu-Laban interpreted as having an infiltrate left base consistent with pneumonia. The plaintiff was discharged with a diagnosis …

Full Decision On November 20, 2018, McGrath was injured in a motor vehicle collision when her car was struck by the defendant, Norris. She claimed to have suffered lasting physical and psychological injuries, including post-concussive syndrome, chronic pain, cervicogenic headaches, post-traumatic stress disorder (PTSD), an exacerbation of existing mood dysfunction and sleep dysfunction. It was acknowledged that McGrath had a pre-accident history of two concussions, …

Full Decision The Ontario Superior Court of Justice recently released its decision in Dove v. Thomas et al. and Cao v. Thomas et al., 2025 ONSC 2802 which addresses the scope of vehicle owner liability under section 192(2) of the Highway Traffic Act (HTA). The case illustrates how courts assess “consent” whether express or implied, when determining whether an owner is vicariously liable for damages …

Full Decision The recent Court of Appeal decision in Rodriguez-Vergara v. Lamoureux, 2025 ONCA 620, confirms that after the Defendant’s primary auto insurance policy limits are exhausted, any underinsured Ontario Policy Change Form (OPCF) 44R policy will take priority to personal umbrella liability policies that may be available to defendants in a motor vehicle injury action.   Background In 2017, the plaintiff Rodriguez-Vergara, was injured …

Full decision In Barry v. Anantharajah, the Ontario Court of Appeal upheld a trial judge’s decision to award $300,000 in costs to a plaintiff who recovered just over $16,000 in damages. Background On December 9, 2014, Jacqueline Barry was struck by a vehicle while crossing a pedestrian street. She sued the driver, Punithavathi Anantharajah, seeking over $1 million in damages for physical and psychological injuries. The …

Full Decision At first glance, the Court of Appeal for Ontario’s recent decision in Traders General Insurance Company v. Rumball, 2025 ONCA 656 may appear discouraging for injured claimants and their advocates. The appellant, Ms. Rumball, ultimately lost entitlement to income replacement benefits (IRBs) beyond the 104-week mark under the Statutory Accident Benefits Schedule (SABS), upholding the Licence Appeal Tribunal’s (LAT) ruling in this matter.  However, a …