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 …
MVC Tag Archives
Ali v. Irfan, 2024 ONCA 758 (CanLII)
Full Decision In the recent case Ali v. Irfan, the Court of Appeal upheld the jury verdict rejecting a loss of competitive advantage claim as a result of injuries sustained in a motor vehicle-bicycle collision. Background The action arose as a result of the plaintiff being struck by the defendant’s vehicle while she was riding her bicycle in Mississauga in 2015. The plaintiff was 29 …
Rezai et al v. Kumar et al, 2024 ONSC 4497 (CanLII)
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 …
Jarvis v. Oliveira, 2024 ONCA 200
Full Decision Overview This recent decision of the Ontario Court of Appeal addresses key principles of trial fairness in the civil context. The Court of Appeal unanimously allowed the appeal ruling that the admission of prejudicial evidence about the appellant resulted in an unfair trial. Facts and Trial Decision The appellant was 16 years old when she was struck as a pedestrian by a motorist. …
Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8
This case stemmed from a motor vehicle collision in 2010. Three denial letters with respect to Income Replacement Benefits (IRBs) and housekeeping benefits were sent to the insured throughout 2011 but no dispute resolution forms were attached to the last two denials. As part of the FSCO process, the insured applied for mediation which concluded by January 2014 giving the insured an extension of 90 days following the mediator’s report.
Desrochers v. McGinnis, 2024 ONCA 63
The plaintiff, Megan Desrochers, suffered a severe injury when the ATV she was driving left the unpaved road she was on and struck a tree.
At the time, Megan was dating Patrick McGinnis. Patrick’s parents owned a farm near the collision site. Patrick’s father, Grant McGinnis, owned the ATV and kept it at his farm.