The Supreme Court of Canada held that an expert’s diagnosis of a psychological injury was not required for the Plaintiff to succeed in recovering damages for same.
Case Summaries Category Archives
Aleksa v. Henley, 2017 ONSC 1117
This decision arises from a motion to remove Counsel of Record, Brennan Kahler and Gary Will, for the minor Plaintiff due to conflict of interest as they had previously also represented his parents whom the Defendants had counterclaimed against.
Hezaveh v. Sajanlal
Judge upholds Master’s decision not to order production of settlement release related to prior motor vehicle accident litigation.
Ferawana v State Farm Mutual Automobile Insurance Co, 2016 CarswellOnt 14392
If an insurer fails to comply with the notice requirements at section 38(8) of the SABS, the relief in section 38(11) is mandatory and the insurer is prohibited from making a MIG determination on the applicant’s claim.
D.S. v. TD Insurance Meloche Monnex, 16-000131-AABS
LAT deems spinal cord injury caused by parked car to be an “accident” for purposes of SABS.
Bruff-Murphy v. Gunawardena, 2017 ONCA 502
The Court of Appeal orders a new trial after finding the trial judge failed his gatekeeper duties in allowing Dr. Monte Bail’s testimony.