The plaintiff successfully resisted a motion to compel her to attend a further defence medical examination after the deadline to serve expert reports had passed.
ontario Tag Archives
Penate v. Martoglio, 2024 ONCA 166 (CanLII)
This case serves as a refresher from the Ontario Court of Appeal on what constitutes adequate reasons and the implications of discharging a jury without them. As occurred here, a new trial may be ordered where it is not inevitable that the jury would arrive at the same conclusion as the trial judge did.
DC v. TD Insurance Meloche Monnex, 2023 CanLII 77319 (ON LAT)
The applicant in this case, DC, was involved in a motor vehicle collision on September 20, 2019. DC was 12 years old at the time. As a result of the collision, DC suffered a traumatic brain injury resulting in catastrophic impairment. The dispute before the LAT was whether the respondent, TD Insurance Meloche Monnex, was required to pay DC a non-earner benefit. At the time of the LAT hearing, DC was 15 years old.
Shahin v. Intact Insurance Company, 2024 ONSC 2059 (CanLII)
The Divisional Court allowed an appeal from a decision of the LAT, finding that the Tribunal’s decision was procedurally unfair
Denman v. Radovanovic, 2024 ONCA 276
In Denman v. Radovanovic, the Ontario Court of Appeal unanimously upheld the trial judge’s decision to find all three defendant physicians liable for failing to obtain Mr. Denman’s informed consent to an elective and multi-step plan of medical intervention to cure Mr. Denman’s brain arteriovenous malformation (“AVM”). This summary will focus on five key takeaways from the Court of Appeal’s decision, written by Rouleau J.A.
J.E. and S.E. v. Metrolinx, 2024 ONSC 612
In November 2017, J.E. was walking on a sidewalk in Waterloo when he was injured by a bus stop sign that was protruding into his path. He claimed damages for injuries including concussion, depression and anxiety. In 2023, J.E. was subsequently hospitalized, diagnosed with and treated for schizophrenia.
