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 …
Full Decision Overview The appellant, Ms. Passmore, was injured in July 2020 when the bus in which she was riding suddenly slammed on the brakes, causing her to fall from her seat and sustain injuries. She sued the bus driver, the Hamilton Street Railway (HSR) bus company and the City of Hamilton (City) for her injuries. The defendants filed a defence and a jury notice. …
Full Decision INTRODUCTION On July 25, 2024, the Ontario Court of Appeal released the decision of Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586. This decision provides clear guidance on the proper approach to causation when the defendant’s negligence creates an evidentiary gap. FACTS The respondent, Syed Hasan, suffered from a stroke at the age of 40. He initially went to the emergency department …
Full Decision In Co-operators Insurance Company v. Bennett, 2024 ONSC 467, the applicant, Ms. Bennett, was involved in a car crash. She applied for accident benefits through her auto insurer, Co-operators. Co-operators determined that she suffered a “minor injury” as defined by the Statutory Accident Benefits Schedule (“SABS”) and placed her in the Minor Injury Guideline (“MIG” or “Guideline”). In the MIG, Ms. Bennett’s med/rehab …
Impartiality is a fundamental qualification for adjudicators. In the oft-cited words of Lord Hewart “it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” A recent reconsideration decision from the Licence Appeal Tribunal (LAT) illustrates the consequences of justice not being seen to be done. In …
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 …
