This article aims to frame the discussion of general and aggravated damages merited in cases of sexual abuse or sexual battery (which for ease of reference will be referred to as “sexual violence lawsuits”). The undertone of sexual violence in the personal injury context augments the appropriate level of general damages in these cases. It is evident upon review of the jurisprudence, that claims for general damages in sexual violence lawsuits cannot be assessed in the same way as personal injury claims related to slip and falls or motor vehicle accidents. There is an added dimension to sexual violence lawsuits, which results in a particularly negative effect upon the plaintiff, and ought to be compensated accordingly…
Lightfoot v. Hodgins et al, 2021 ONSC 1950
The COVID-19 pandemic has triggered a proliferation of motions, generally by plaintiffs, to strike jury notices in personal injury cases so that trials can proceed virtually and on schedule. While decisions on such motions have gone both ways, depending on the facts and location of each case, timely access to justice is a recurring theme in each one. However, a recent decision out of Belleville may prompt a different kind of motion to strike a jury notice, one that targets cost effective access to justice…
Parental Liability: When Can a Parent be Found Negligent for their Child’s Injuries?
When children get injured and bring a lawsuit, their parent can often be named as a defendant on the basis that the parent failed to properly supervise the child. The parent can be sued by the injured child directly, or named as a defendant in a counterclaim or third party claim…
Davies v. Clarington, 2019 ONSC 2292 (CanLII)
In this case, the court analyzed whether interest on litigation loans should be a payable disbursement and also outlined several key principles to the assessment of costs…
Nolet v. Fischer, 2020 ONCA 155
In this case, the appellant was moving out of the respondent’s home after their relationship ended. He tripped on the sidewalk while carrying his freezer out of the home and injured his ankle. He sued for damages under the Occupier’s Liability Act. The respondent moved for summary judgement and was successful in dismissing the claim…
Cueto et al. v. De Los Reyes
In this case, the plaintiffs brought a motion seeking leave of the court to strike the defendants’ jury notice. This action arises out of a motor vehicle accident that occurred on January 14, 2015. The action was set down for trial in September 2018.