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 …
As the leaves turn and the crisp autumn air settles across Ontario, Thanksgiving offers us a moment to reflect personally and professionally on the shared values that bind us all together in a world that seems to be increasingly divided. At its core, Thanksgiving is about gratitude. OTLA’s membership is made up of some of the very best lawyers in the province: those who have dedicated their careers to …
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 …
Court Endorsement The Honourable Madam Justice Champagne of the Ontario Superior Court of Justice issued an Endorsement in a case called DeRochie v. Powell-Clow approving a resolution of a personal injury matter involving a party under disability. In this case, the injured party was a guest at his friend’s home. Alcohol and drugs were a factor. In the course of his overnight stay at the homeowner’s residence, the guest …
Full Decision Background InLischuk v. K-Jay Electric Ltd, 2025 ABKB 460, the Alberta Court of King’s Bench awarded the plaintiff damages for a notice period of 26-months and found that “exceptional circumstances” existed to exceed the “rough upper limit of 24 months.” The Plaintiff’s Employment The plaintiff, Mr. Lischuk, began working for K-Jay Electric Ltd (K-Jay) when he was 23 years old. Mr. Lischuk started …