appeal Tag Archives

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.

Robinson v. AIG Insurance, 2023 ONSC 1317

Salamaszynski v. Michael Garron Hospital, 2023 ONSC 704

So What Does “Medical And Any Other Reasons” Really Mean?

Full Decision In Varriano v. Allstate Insurance Company of Canada, the Ontario Court of Appeal (ONCA) addressed whether a medical reason must be included in every denial of statutory accident benefits. The applicant, Nunzio Varriano, was injured in a motor vehicle collision in September 2015. He successfully applied to his auto insurer, Allstate, for income replacement benefits (IRBs). He returned to work two months later, …

Stevenhaagen Estate v. Kingston General Hospital, 2022 ONCA 560

In this medical malpractice appeal, the ONCA upheld a trial judge’s decision of joint liability where the physician “supported” the negligent decision of the main doctor.