Full Decision Introduction In September 2024, the Ontario Superior Court of Justice released the motion decision of Ferreira v. Hopper, 2024 ONSC 5385. The decision provides that the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) received by a plaintiff is to be deducted from their past income loss award pursuant to section 267.8(1)2 of the Insurance Act, R.S.O. 1990, c.I.8. Facts …
Full Decision INTRODUCTION On July 25, 2024, the Ontario Court of Appeal released the decision of Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586. This decision provides clear guidance on the proper approach to causation when the defendant’s negligence creates an evidentiary gap. FACTS The respondent, Syed Hasan, suffered from a stroke at the age of 40. He initially went to the emergency department …
November 3-9, 2024, is National Pain Awareness Week – a week dedicated to drawing attention to chronic pain and the devastating impact it can have on people’s lives. The broader goal is to advocate for early, effective treatment of this condition and promote further education to better understand it. I am astounded by the number of people living with chronic pain in our country. According …
Full Decision In Co-operators Insurance Company v. Bennett, 2024 ONSC 467, the applicant, Ms. Bennett, was involved in a car crash. She applied for accident benefits through her auto insurer, Co-operators. Co-operators determined that she suffered a “minor injury” as defined by the Statutory Accident Benefits Schedule (“SABS”) and placed her in the Minor Injury Guideline (“MIG” or “Guideline”). In the MIG, Ms. Bennett’s med/rehab …
Diwali is a significant Hindu celebration known as the Festival of Lights. It is a 5-day festival signifying the triumph of light over darkness and good over evil, themes that resonate deeply with us both culturally and professionally. This year it is being observed from October 31 to November 1, 2024. This holiday is more than just a moment to observe traditional rituals – it’s …
Impartiality is a fundamental qualification for adjudicators. In the oft-cited words of Lord Hewart “it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” A recent reconsideration decision from the Licence Appeal Tribunal (LAT) illustrates the consequences of justice not being seen to be done. In …