This decision relates to a summary judgment motion, brought by the defendant. Justice Braid notes that if the matter is to be resolved by way of summary judgment
MVC Tag Archives
Moran v. Fabrizi, 2023 ONCA 21
Moran v. Fabrizi arises from a motor vehicle collision that occurred when the defendant, Ottavio Fabrizi, ran a red light and collided with a minivan that the plaintiff was a passenger in. Just before the collision, Fabrizi was the victim of a road rage incident precipitated by the third party, Dennis Chu.
Herrington v. Brewer et al., 2022 ONSC 2852
Full Decision The Superior Court of Justice helpfully clarifies the approach to quantifying loss of competitive advantage in Herrington. After sustaining injuries in a motor vehicle collision, the plaintiff continued to earn business income but in a market with serious labour shortages. Additionally, he was no longer able to perform the physical work of the job. The case also addressed causation and the “crumbling skull” …
Aviva General Insurance Company v. Catic, 2022 ONSC 6000
An interpretation of section 38 of the SABS, and whether costs must be incurred for an insurer to become entitled to the treatment plan upon an insurer’s failure to give timely notice of a denial.
Naghash v. Pashahzahiri, 2023 ONSC 609
Mohammad did not rebut the presumption of consent and he was held vicariously liable for the damages caused by Vahid’s operation of the rented vehicle
Pisani v. McDaniel, 2022 ONSC 224
This action arose from a 2015 rear end motor vehicle collision. Liability was admitted. The issues at trial were threshold and damages. The defendant took the position that the plaintiff sustained minor soft tissue injuries which resolved within six months of the accident and she had returned to most, if not all of her pre-accident activities…
