In this case, the plaintiff was diagnosed with intrauterine growth restriction (IUGR) before birth, and her condition continued to worsen in the weeks prior to her delivery. While she was not suffering notable impairments when she was discharged, two months later she was revealed to have suffered severe brain damage…
Product Liability and COVID-19
During the course of the pandemic, companies across the country started manufacturing PPE and other products that they would not normally be making, to meet the demand for such products and reduce shortages. For most of these products, proper manufacturing is essential to their safety, however if such products led to personal injury on the part of the consumer, can that consumer sue the manufacturer?
Carter v. AVIVA Insurance Company of Canada, 2021 ONLAT 19-012446/AABS-M
In this case, the Plaintiff was injured in a motor vehicle collision on August 16, 2018. He applied to AVIVA for Statutory Accident Benefits including income replacement benefits. AVIVA denied IRB’s in April of 2019 after the Plaintiff completed a multidisciplinary suite of insurer examinations required by AVIVA…
Thiruchelvam v. RBC General Insurance Company, 2022 ONSC 554
In this case, the Divisional Court has weighed in on the applicability of the material contribution test for causation in the context of the Statutory Accident Benefits Schedule…
McLean v. Wolfson, 2021 ONCA 928
In this case, the Court of Appeal for Ontario issued an important warning about the importance of responding to production orders in a timely manner…
John Hall v. Regional Municipality of Niagara Police Services Board et al.
In this case, the defendant GM experienced a fire at their St. Catherine’s plant which led to a series of events resulting in the arrest of the plaintiff Hall, and a finding of not guilty at the criminal trial, followed by civil proceedings against GM, the Niagara Police Services Board and several of its police officers…