This case examines a loss of competitive advantage claim and the test to determine if a question should be put to the jury.
ontario Tag Archives
Ahluwalia v. Ahluwalia, 2023 ONCA 476
Ontario Court of Appeal refuses to recognize the tort of family violence.
McKee v. Hicks, 2023 BCCA 109 Part 2
In Part I of my reporting on this case, which can be found here, I looked at the court’s decision regarding the award of damages for loss of future earning capacity. The same decision also addressed the circumstances of when an award of damages for loss of housekeeping capacity should be awarded and how.
Madore v. Intact Insurance Company 2023 ONSC 11
This matter is related to an appeal brought before the Divisional Court regarding a Licence Appeal Tribunal (LAT) decision denying Mr. Madore eligibility for benefits under the SABS
Addy v. Goulet et al., 2023 ONSC 1265
This four-week virtual judge-alone trial involved a plaintiff who sustained a brain injury as a result of being struck in the head with a bocce ball while sitting on a patio at a local public house.
Language Barriers and the SABS
The Statutory Accident Benefits Schedule (SABS) has seen significant changes from 2003 to now. Lobbying efforts by the insurance industry has led to an appreciable reduction in the benefits available to injured claimants[1]. The fundamental issues with Ontario’s no-fault benefits system have never been properly addressed and we currently have a complex entitlement-based system, confusing eligibility criteria, which is difficult to navigate without representation. This was never meant to be the case