This is a threshold motion in which the plaintiff had pre-existing osteoarthritis in his left knee. The plaintiff was successful in establishing the subject car accident caused his asymptomatic left knee to become symptomatic and thus his injuries met threshold.
jury Tag Archives
Kwok v. Abecassis and the Personal Insurance Company, 2016 ONSC 7391
This is a decision about when it is appropriate to strike a jury on the grounds of complexity.
Ontario to Provide Counselling Compensation for Traumatized Jurors
A jury summons is a civil responsibility, not a voluntary invitation, and can expose jurors to disturbing details of a case. To help jurors cope with traumatic experiences in Ontario courts, the province is launching a program that will provide counselling services to jurors.
Corbett v. Odorico, 2016 ONSC 2961
Superior Court Motion for costs of trial by successful plaintiff. The sought costs exceeded the award recovered at trial. The court decides that over-emphasis on proportionality may serve to under-compensate a litigant for costs legitimately incurred
Basandra v. Sforza, 2016 ONCA 251(CanLII)
Appeal of a judge’s decision to reduce the jury’s awards pursuant to s. 267.8 in the absence of clear evidence of quantum.
Corbett et al v. Odorico, 2016 ONSC 1964 (CanLII)
Damages assessment, following jury verdict, in which the new statutory deductible was considered. Also provides commentary on threshold and Chronic Pain.
