February 28, 2020
At our muffin meeting, we discussed a decision released yesterday wherein the Court of Appeal upheld a dismissal of a claim involving a trip and fall accident. In Nolet v. Fischer, 2020 ONCA 155, the plaintiff was moving out of his ex-girlfriend’s house when he tripped and fell on a sidewalk. He sued his ex-girlfriend. […]
February 27, 2020
By Alon Barda The Licence Appeal Tribunal (“LAT”) recently released the first reconsideration decision applying the Court of Appeal’s decision in Tomec v. Economical Mutual Insurance Company.[1] In Tomec, the applicant applied for and was denied attendant care and housekeeping benefits on the grounds that such benefits are not available beyond the 104-week entitlement period, […]
February 25, 2020
The court’s decision in Allstate Insurance Company v. Her Majesty the Queen, 2020 ONSC 830, shows that automobile insurers must comply with statutory requirements when cancelling policies, or else there can be costly consequences. In May 2014, Allstate sent the claimant a notice by registered mail that his policy would be cancelled on June 14, […]
February 24, 2020
Congratulations to Erin Crochetière for a remarkable job cross-examining four witnesses at a trial last week – an impressive feat for a second year lawyer! Erin, along with Brian Sunohara, are counsel for a police force in a claim arising from alleged motor vehicle accident negligence, false arrest, and breach of Charter rights. The trial is scheduled to […]
February 21, 2020
At this morning’s muffin meeting, we reviewed an appeal of a trial judge’s decision to not strike the jury at trial and to not declare a mistrial. We also a reviewed a case addressing what considerations must be taken into account for a lawyer to withdraw from representation of a client. Appeal of Dismissal of […]
February 19, 2020
In Rubner v. Waddington McLean & Co. Limited, 2020 ONSC 692, Justice Myers allowed a successful self-represented plaintiff to recover costs in the amount of $100 per hour. Justice Myers indicated that the plaintiff is entitled to compensation for time that would otherwise have been spent by a lawyer. The hourly rate was consistent with […]
