In this case, the Plaintiffs are individuals who were injured after a Greyhound bus they were riding in as passengers ploughed into the rear of a tanker truck and became entangled in a multi-vehicle collision on highway 417, in the Province of Ontario, on January 27, 2014. The litigation involved as much as twenty-six (26) defendants at one time.
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How Many People Actually Buy Optional Accident Benefits?
In Ontario, the standard no-fault Accident Benefit coverage for Catastrophic injuries (i.e. the most serious injuries) is $1M for all Medical, Rehabilitation and Attendant Care services. That amount is not enough to protect you if you are catastrophically injured. For an extra cost, you can buy an extra $1M of coverage (increasing your coverage to $2M)…
Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200
The Divisional Court decision of Aviva v. Suarez is a recent SABS decision that has important ramifications for the public pertaining to the access to injury victims of benefits provided for in the Statutory Accident Benefits Schedule…
Shafique v. Cowie and Pereira, 2021 ONSC 3032
The defendant brought a motion pursuant to Rule 26.02(c) of the Rules of Civil Procedure for an order granting the defendants leave to amend their statements of defence to plead the legal doctrine of spoliation. Justice Turnbull J. adjourned the motion so that the defendant could return with a proper evidentiary basis to support the motion.
Tipping v. Coseco Insurance Company, 2021 ONSC 5295 (Div. Ct.)
In this case, the Applicant sought judicial review of a Licence Appeal Tribunal decision and reconsideration barring him from proceeding with an appeal to the LAT due to his failure to attend insurer examinations for catastrophic impairment. The issue before the Divisional Court was whether the Applicant could proceed to judicial review given he had not exhausted his right to appeal…
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…