The Personal Insurance Company v. Tagoe

Full Decision Introduction In December 2024, the Ontario Court of Appeal released its decision in The Personal Insurance Company v. Tagoe, reaffirming that the doctrine of discoverability applies to limitation periods under the Statutory Accident Benefits Schedule (SABS) for specified benefits. Building on the principles established in Tomec v. Economical Mutual Insurance Company, 2019 ONCA 839 (CanLII), the Court firmly concluded that insured individuals cannot …

McGuire v. Worsley Dundonald Limited, 2024 ONSC 3617 (CanLII)

Full Decision The Plaintiff, Meaghan McGuire (“the plaintiff”), brought a motion for leave to amend the statement of claim to add the proposed defendant, CRH Canada Group Inc. C.O.B. Dufferin Construction Company (“CRH”). CRH opposed the motion on the basis that the plaintiff’s claim against CRH was statute barred. Facts On February 17, 2019, the plaintiff slipped and fell. On March 6, 2020, the statement …

Human Rights Day

Human Rights Day commemorates the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly on December 10, 1948, and it is observed each year on December 10.  The UDHR confirms the inalienable rights that everyone is entitled to as a human being – regardless of race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status. …

Passmore v. Hamilton (City), 2024 ONCA 825 (CanLII)

Full Decision Overview The appellant, Ms. Passmore, was injured in July 2020 when the bus in which she was riding suddenly slammed on the brakes, causing her to fall from her seat and sustain injuries. She sued the bus driver, the Hamilton Street Railway (HSR) bus company and the City of Hamilton (City) for her injuries. The defendants filed a defence and a jury notice. …

Abou-Gabal v. Economical Insurance Company, 2024 CanLII 77423 (ON LAT)

Full Decision APPLICANT FOUND CATASTROPHICALLY IMPAIRED DESPITE COMPLEX PRIOR MEDICAL HISTORY – COLLISION NECESSARY CAUSE OF EXTREME IMPAIRMENT This LAT hearing arose from a motor vehicle collision (MVC) that took place in July 2018. It involved a preliminary issue on whether the applicant was barred from seeking catastrophic (CAT) impairment due to failure to attend a s. 44 insurer examination (IE) as required under s. …

Buttenham v. Northbridge General Insurance Company, 2024 LAT File No. 23-008795

Summary prepared for OTLA by Corina Bachmann of Bachmann Personal Injury Law Full Decision This case addresses the issue of what is a “reasonable explanation” for submitting the OCF-1 outside the timeline mandated by the Statutory Accident Benefits Schedule (SABS). The applicant, Ms. Buttenham, was involved in a motor vehicle collision on May 29, 2018. She advised her insurer of the collision the following day, …