Full Decision Insurer ordered to pay home modifications for catastrophically insured claimant – motion for stay pending appeal denied. The respondent was 83 years when she sustained catastrophic injuries in a motor vehicle accident in April 2016. Following the accident, she continued to live in her apartment with attendant care services. She requested home modifications to her daughter’s home under the Statutory Accident Benefits Schedule …

Full Decision Background On June 7, 2023, Shane Burton (the applicant), was involved in a motor vehicle accident, after which he was extricated from the vehicle with the jaws of life and later had to be intubated for life saving measures. He ended up in a coma for four days, and suffered from a range of injuries, including two brain bleeds, damage to the C8 …

Full Decision A plaintiff failed to discharge her burden of proving her case in an uncontested trial. Her appeal was dismissed as the trial judge’s analysis of the evidence presented and conclusions reached were sound. Background The appellant provided attendant care services to the respondents, who had been injured in a 2011 motor vehicle accident in the United States of America. They had an oral …

Breach of rule in Browne v. Dunn upheld – Evidence never put before plaintiff on cross-examination Full Decision This action arose out of a motor vehicle collision which occurred in March 2015. The plaintiff’s (Respondent on appeal) vehicle was rear-ended at high speed, became airborne, rolled over and landed in a ditch. The plaintiff suffered a mild traumatic brain injury (mTBI) and experienced post-concussion syndrome. …

Full Decision On August 21, 2025, the Ontario Superior Court of Justice certified a class action against Roberta Place Long-Term Care Home (Roberta Place) in Barrie (and parent companies), stemming from a COVID-19 outbreak in early 2021 that led to unprecedented illness and death among residents and staff. The plaintiffs – residents of Roberta Place, their estates and family members allege that the home failed …