Full Decision Introduction The decision of Leduc v. Dufour is notable for a number of reasons, first amongst those is a proposed staggered contingency fee percentage in birth trauma and other high damages claims. Second, is the review of the statutory and regulatory standards that govern contingency fee agreements and a reminder of the essential elements of the same. Decision A proposed settlement of the …
Full Decision In Botosh v. Soric, 2025 ONCA 256, the Ontario Court of Appeal upheld the decision of a motion judge to strike out a civil action commenced by a plaintiff against defence counsel, investigators and a medical expert involved in an earlier personal injury lawsuit. The decision primarily addressed the doctrines of litigation immunity, abuse of process and the limits of tort liability for …
Full Decision In the recent case Rivard v. Ontario, the Court of Appeal outlined what must be pled to advance a negligence action against a chief of police and a police services board. Background The Kingston Police arrested Donald Rivard and his girlfriend on charges of drug trafficking following a search of the vehicle they were driving. Rivard started his negligence claim following his arrest …
As the weather gets warmer, you are bound to see more cyclists out and about, and so it’s only fitting that May is Bike Safety Awareness Month. Not surprisingly, cyclists are particularly vulnerable to injury. Their bodies are completely exposed to harm, without much protection. Helmets, of course help — but they are not foolproof and don’t cover your face, protect your neck or the …
Full Decision Bogoroch & Associates LLP, on behalf of the applicant, Kim Benoit, won in the recent decision of Benoit v. Sonnet Insurance Company, 2025 CanLII 25859 (ON LAT), on the preliminary issue of whether the applicant provided notice to her insurer of her intention to apply for accident benefits, in accordance with Section 32(1) of the Statutory Accident Benefits Schedule (SABS). The Licence Appeal …
Full Decision In the decision of AIG Insurance Company v. Riddell, the Divisional Court stayed an order of the Licence Appeal Tribunal (LAT) that denied an adjournment of a complex hearing on the consent of the parties. This is a unique decision, as the Divisional Court rarely reviews interlocutory orders from administrative tribunals as they have broad authority to regulate their own scheduling. The court …