Full Decision The recent decision at the Licence Appeal Tribunal (LAT) provides a comprehensive ruling on the applicant’s claim for statutory accident benefits and found the applicant to meet the test for catastrophic impairment (CAT) under Criterion 7, his entitlement to post-104 Income Replacement Benefits (IRBs) and Attendant Care benefits. Facts The applicant was involved in a motor vehicle collision on January 29, 2021, and …

Full Decision Overview The plaintiff sought to set aside a Registrar’s Order dismissing her action for delay under Rule 48.14 and extend the time to set the matter down for trial. The court dismissed the motion, finding that the plaintiff did not have a satisfactory reason for the delay, an intention to prosecute the action within the applicable time limits and that there was significant …

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 …