This is a decision about the admissibility of a 911 call after a motor vehicle accident for the truth of its contents.
Case Summaries Category Archives
Choma v. City of Toronto, 2016 ONSC 5510
Given a proper evidentiary record, a Court may draw reasonable inferences and grant summary judgment in favor of a party who is seeking to prove that, on the balance of probabilities, an event is unlikely to have occurred, so long as the party can show that it exercised due diligence and that a trial would not change anything in that regard or show different evidence.
Bishop-Gittens v. Lim, CV-11-00107056-0000
In considering the issue of costs, factors taken into account include: 1) the rates charged and the hours spent by the plaintiff’s counsel; 2) the amount claimed and the amount recovered by the plaintiff; 3) the complexity of the proceeding and the importance of the issues; 4) the conduct of any party that tended to shorten or lengthen the proceeding; 5) whether the action should have been brought under the simplified rules pursuant to Rule 76; and 6) the reasonableness of the costs.
Hoang v. Vicentini, 2016 ONCA 723
Court of Appeal speaks to the Difference between Litigation Experts & Participant Experts (and the exception to complying with Rule 53.03)
Benhaim v. St-Germain, 2016 SCC 48
In a 5-4 decision, the Supreme Court of Canada held that a trial judge is not required by law to draw an adverse inference against physicians whose negligence makes it impossible to prove causation and where the plaintiff adduces at least some evidence of causation. Trial judges are permitted to draw such inferences, but are not required to do so.
Hamblin v. Standard Life Assurance Company of Canada, 2016 ONCA 854
An LTD insurer is entitled to reduce the amount of LTD payments under a group insurance plan by the amount of the non-earner benefit the insured person is receiving, so long as the accident benefits insurer is not deducting LTD payments from the amount of the NEB payable.