personal injury Tag Archives

Shafique v. Cowie and Pereira, 2021 ONSC 3032

The defendant brought a motion pursuant to Rule 26.02(c) of the Rules of Civil Procedure for an order granting the defendants leave to amend their statements of defence to plead the legal doctrine of spoliation. Justice Turnbull J. adjourned the motion so that the defendant could return with a proper evidentiary basis to support the motion.

Eynon v. Simplicity Air Ltd., 2021 ONCA 409

In Eynon v. Simplicity Air Ltd, the Court of Appeal addressed a significant punitive damage award in a case where the plaintiff contributed considerably to the incident that caused his injury.

Musllam v. Hamilton General Hospital, 2021 ONSC 91 (CanLII)

The plaintiff brought a contested motion to amend the Statement of Claim to add particulars to the facts that have already been pled, and add two additional defendants. The existing defendant physician also brought a cross-motion to have the action dismissed asserting no genuine cause of action and delay…

What is a Housekeeping and Home Maintenance Claim in Personal Injury?

Persons who suffer serious personal injuries often have difficulty returning to the normal life they led before the accident. A lawyer who is a member of OTLA can help recover money for a range of changes or ‘damages’ due to an injury. These can include ongoing pain and suffering, changes in ability to work, the need for medical treatments and changes in ability to complete tasks at home. This article will focus on the tasks at home…

Coban v. Declare, 2020 ONSC 5580

In this case, the plaintiffs brought a motion to strike the jury notice and the defendants brought a cross-motion to adjourn the trial because the pandemic has interfered with their ability to obtain responding medical reports…

Belton v. Spencer, 2020 ONCA 623

In this case, the Appellant is a Defendant in a personal injury action in which the Plaintiff seeks damages for injuries suffered when kicked by a horse in May 2010.