Full Decision The Appellant appealed from, and sought, judicial review of two decisions of the Licence Appeal Tribunal (LAT). In his original decision, LAT Vice Chair Tyler Moore (VC Moore) determined that the Appellant was entitled to supervised aqua therapy and psychological treatment and interest for those therapies but not entitled to other benefits which included: attendant care benefits, a four-wheel scooter, a power lift …
Impartiality is a fundamental qualification for adjudicators. In the oft-cited words of Lord Hewart “it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” A recent reconsideration decision from the Licence Appeal Tribunal (LAT) illustrates the consequences of justice not being seen to be done. In …
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 …
Full Decision This case reinforces the stringent threshold for dismissing a claim via a summary judgment motion, emphasizing that the Court rigorously evaluates whether there is a genuine issue warranting a trial based on the strength of the evidence presented in the motion materials. Particularly in cases involving unidentified drivers, this decision highlights the critical role of medical evidence in successfully contesting a motion for …
Full Decision On November 21, 2023, the plaintiffs brought a motion for an order striking the statement of defence due to the defendant’s failure to serve a sworn and complete affidavit of documents and to attend examination for discovery. Alternatively, the plaintiffs sought an order compelling the delivery of the affidavit of documents and the defendant’s attendance for examination. The defendant brought a cross-motion for …
