This action arose from a 2014 fatality of a 51-year-old man following a splenic rupture. The plaintiffs were the spouse and sons of a patient who was cleared to return to work in rural Ontario after having been admitted to hospital for abdominal trauma, including a broken rib, from falling at home while doing renovations. The defendants at trial were the general surgeon who saw the patient in hospital and the family physician who saw the patient in follow-up after he was discharged. The patient died of a splenic rupture 14 days after the fall that brought him into the hospital.
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Security National Insurance Co v. Thomas, 2024 CanLII 2673 (ON LAT)
In Security National Insurance Co v. Thomas, the insurer paid income replacement benefits to the insured, Aklilu Thomas, following a collision that occurred on June 1, 2018. Partial repayment of benefits was subsequently sought by the insurer and the dispute went to the Licence Appeal Tribunal (the “LAT”).
Thanh Du v Economical Insurance Company, 2023 CanLII 116499 (ON LAT)
The applicant, Vinh Thanh Du, was injured in an automobile collision on February 14, 2020. He sought benefits from his car insurer, Economical Insurance. Economical denied treatment plans for physiotherapy and massage therapy on the basis that the applicant’s injuries fall within the Minor Injury Guideline (“MIG”). A claimant is confined to the MIG if they sustain primarily minor injuries in the subject accident.
Majerczyk v. Manalo, 2023 ONSC 3064
This ruling involves a motion brought by the defendant for leave to call more than three experts at trial, and more specifically, a physiatrist and an orthopaedic surgeon.
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.
Schroeder v. Co-operators General Insurance Company, 2024 ONCA 54 (CanLII)
In Schroeder v. Co-operators General Insurance Company, the Ontario Court of Appeal reaffirms that the limitation clock for underinsurance claims does not start to run until a demand for indemnification is made and goes unsatisfied.
