May 17 is the International Day Against Homophobia, Biphobia and Transphobia. On this day, and everyday, OTLA reaffirms its unwavering commitment to advocating for the rights and dignity of LGBTQIA2S+ individuals. Today, we stand beside all those around the world who face discrimination, violence and prejudice simply because of who they are or who they love.
Penate v. Martoglio, 2024 ONCA 166 (CanLII)
This case serves as a refresher from the Ontario Court of Appeal on what constitutes adequate reasons and the implications of discharging a jury without them. As occurred here, a new trial may be ordered where it is not inevitable that the jury would arrive at the same conclusion as the trial judge did.
DC v. TD Insurance Meloche Monnex, 2023 CanLII 77319 (ON LAT)
The applicant in this case, DC, was involved in a motor vehicle collision on September 20, 2019. DC was 12 years old at the time. As a result of the collision, DC suffered a traumatic brain injury resulting in catastrophic impairment. The dispute before the LAT was whether the respondent, TD Insurance Meloche Monnex, was required to pay DC a non-earner benefit. At the time of the LAT hearing, DC was 15 years old.
May is Bike Safety Awareness Month
Spring, the season of blooming flowers, chirping birds and cyclists eager to enjoy the sun and the open road. In honour of Bike Safety Awareness Month, let’s foster mutual awareness on the road to improve safety for everyone.
Shahin v. Intact Insurance Company, 2024 ONSC 2059 (CanLII)
The Divisional Court allowed an appeal from a decision of the LAT, finding that the Tribunal’s decision was procedurally unfair
Denman v. Radovanovic, 2024 ONCA 276
In Denman v. Radovanovic, the Ontario Court of Appeal unanimously upheld the trial judge’s decision to find all three defendant physicians liable for failing to obtain Mr. Denman’s informed consent to an elective and multi-step plan of medical intervention to cure Mr. Denman’s brain arteriovenous malformation (“AVM”). This summary will focus on five key takeaways from the Court of Appeal’s decision, written by Rouleau J.A.