Full Decision In the recent case Ali v. Irfan, the Court of Appeal upheld the jury verdict rejecting a loss of competitive advantage claim as a result of injuries sustained in a motor vehicle-bicycle collision. Background The action arose as a result of the plaintiff being struck by the defendant’s vehicle while she was riding her bicycle in Mississauga in 2015. The plaintiff was 29 …
Full Decision The plaintiff, Carmen Ranger (“Ranger”), brought an action pursuant to the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“OLA”) for damages she sustained from a slip and fall accident that occurred on January 29, 2013. The defendants named in the action included CPP Investment Real Estate Holdings Inc. (“CPP”), who was the owner of the property, Triovest Realty Advisors (“Triovest”), who was the …
Full Decision In October 2013, the 27-year-old patient attended the emergency department at the Sault Area Hospital by ambulance and was treated by the defendant emergency physician. The working diagnosis was intoxication and the patient was discharged home. The following morning, the patient reported feeling fine to her parents. When her parents returned home from work, they found her in a significantly worse condition and …
October marks Occupational Therapy Month, offering a timely opportunity to highlight the vital role that occupational therapists (OTs) play in linking clients with essential community resources. Given their deep understanding of the availability and constraints of these services, OTs are also essential collaborators for personal injury lawyers in estimating future care costs. Government Support Programs in Personal Injury Cases Ontario offers a range of government-funded …
Full Decision Background In Pye v. Di Trapani et. el., 2024 ONSC 2265, the plaintiff was awarded one million dollars in a personal injury action. Notably, the amount awarded by the jury exceeded both the plaintiff’s and the defendant’s offers to settle. In this decision, Skarica J. outlined the legal principles regarding costs, offers to settle, pre- and post-judgment interest and indemnity. Held Total costs …
Full Decision Background: The plaintiff, Ms. Sheikhbaghermohajer, was injured in a rear-end collision on October 6, 2014. At the conclusion of trial and accounting for the appropriate deductions and pre-judgment interest, the plaintiff was awarded a total of $469,774.85. The plaintiff sought her legal fees on a partial indemnity basis which was $401,560.23 plus HST. She sought her disbursements which were $139,334.26 plus HST. The …