March 17, 2022
In Doef v. Hockey Canada et al, 2022 ONSC 1411, one of the issues was the timing of a summary judgment motion. The plaintiff sustained a spinal injury while playing in a hockey tournament. He made an insurance claim. There was a dispute over whether the plaintiff met the criteria in the insurance policy for a paralysis […]
March 16, 2022
By Christopher MacDonald On February 7, 2022, the Supreme Court of British Columbia recognized the tort of false light as a potentially legally tenable claim for the first time in the decision of Durkin v. Marlan, 2022 BCSC 193. As discussed below, the Durkin decision shows that the trend across provincial jurisdictions towards the increased […]
March 15, 2022
The decision in Dhaliwal et al. v. Gill et al., 2022 ONSC 1445, arises out of a motor vehicle accident. A municipality was named as a defendant and a third party. One of the defendant drivers, Gill, entered a jury notice. Section 108(2)(1)(xii) of the Courts of Justice Act prohibits jury trials where relief is […]
March 10, 2022
In a previous blog post, we discussed a decision in which Associate Justice Jolley held that the court does not have discretion to extend the three hour time limit for examinations for discovery in Simplified Procedure actions. More recently, in Blue v. Metro Ontario Inc., 2022 ONSC 1283, Associate Justice McGraw held that, although an […]
March 09, 2022
By Athina Ionita The Court of Appeal in Yang v. Co-operators General Insurance Company, 2022 ONCA 178,confirmed the exclusive jurisdiction of the License Appeal Tribunal (LAT) over disputes concerning Statutory Accident Benefits (SABs). The decision underlying the appeal concerned a motor vehicle accident, where the plaintiff claimed damages in the amount of $150 million.[1] Specifically, […]
March 01, 2022
One of the issues in Dulude v. Lawrence et al., 2022 ONSC 1034, was whether the plaintiff was entitled to obtain production of the complete file of a medical assessment centre, except for draft reports. The defendants arranged with Soma Medical Assessments for the plaintiff to attend three defence medical assessments. The plaintiff did not […]