mva Tag Archives

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…

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.

Aviva Insurance Company of Canada v. J.A., 2021 ONSC 3185 (Div. Ct.)

In this case, the Respondent, J.A. was injured in a motor vehicle accident in February 2005. He applied for accident benefits through his insurer, Aviva. In 2015, around the time when his medical rehabilitation benefits were expiring, he applied for catastrophic impairment determination. Although Aviva found there was insufficient medical documentation, it nonetheless conducted its CAT assessments which later found he was not catastrophically impaired…

Construction Zone Accidents

In Canada, spring weather inevitably brings construction season along with it. Road construction dominates the streets in the warmer months. For drivers, this can cause complications beyond annoyance. Thousands of motor vehicle accidents each year occur in construction zones.

Johnson v. Brielmayer, 2021 ONSC 1245 (CanLII)

In this case, the plaintiff was successful in striking the defendant’s jury notice. This was the first decision out of the Toronto Region where a plaintiff was successful in striking the defendant’s jury notice…

A.K. v. Allstate Insurance, 2020 CanLII 14418 (ON LAT)

In this case, the Applicant was the seat-belted driver of a vehicle that struck a median, spun out of control, struck another vehicle and came to rest after hitting the guardrail in July, 2010. The Applicant submitted an application for catastrophic determination, which was denied by the insurer…