November 25, 2021
By Suganiya Sivabalan In its recent decision in St. Marthe v. O’Connor, 2021 ONCA 790, the Ontario Court of Appeal provided guidance on the boundaries of appropriate expert evidence at trial, particularly evidence from participant experts. Background The plaintiff in this action was injured in a motor vehicle accident in November of 2011, in which […]
November 23, 2021
In Burwash v. Levy, 2021 ONSC 7196, the court ordered production of settlement documentation from two previous actions. In the action in issue, the plaintiff sued several medical assessors and two medical assessment centres, alleging that they interfered with expert opinions in an accident benefits claim, which were relied on by the tort insurer in […]
November 18, 2021
In Corkett v. Ginn, 2021 ONSC 7434, the court dismissed the plaintiff’s motion to strike a jury notice in an action commenced in the Central East Region. One of the reasons for dismissing the motion was that the plaintiff did not move the action forward expeditiously. There was an unexplained gap between filing the trial […]
November 17, 2021
By Natalia Sheikh Introduction In the recent Supreme Court of Canada decision in Nelson (City) v. Marchi, 2021 SCC 41, the Court develops a four-factor test for determining whether a decision of a government entity is a “core policy decision” that is immune from liability in tort. This decision is of particular importance to municipalities […]
November 16, 2021
The court recently dismissed an action against a municipality due to insufficient notice. Under section 44 of the Municipal Act, 2001, when a person is injured due to an alleged improper state of repair of a municipal highway or sidewalk, the injured person must provide, within 10 days, written notice of the claim and the injury […]
November 15, 2021
By Kayley Richardson In Sterling v. Heartland Farm Mutual Inc., 2021 ONLAT 20-000672/AABS-R,[1] Adjudicator Boyce dismissed the insurer’s request for reconsideration and upheld his preliminary issue decision that the applicant was involved in an “accident” pursuant to the Statutory Accident Benefits Schedule O. Reg. 34/10 (the “SABS”). Background On February 13, 2019, the applicant lifted […]
