June 14, 2023
By Amanda Colarossi Overview In Dahi v. Certas Home and Auto Insurance Company, 2023 CanLII 32797, the applicant was involved in an accident on January 29, 2015 and sought payment of accident benefits from the respondent. The issues in dispute were whether the claimant was catastrophically impaired under Criterion 7, the cost of CAT assessments, […]
June 07, 2023
By Riley Groskopf The Ontario Court of Appeal recently released its decision in Jakab v. Clean Harbors Canada Inc., 2023 ONCA 377. The decision revisits the basics of contractual interpretation and the elements of negligent misrepresentation. Context The appellants, Mr. Jakab and Ontario Heavy Express Ltd. (a corporation wholly owned by Mr. Jakab) owned a […]
May 31, 2023
By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blog post will focus primarily on […]
May 17, 2023
By Kathryn Orydzuk In the recent decision in John Howard Society of Peel-Halton-Dufferin v. Pennock et al, 2023 ONSC 2839, released on May 11, 2023, the Ontario Superior Court of Justice ruled on a motion for default judgment by the plaintiffs, and in the alternative, seeking judgment on the terms of a settlement agreement previously […]
May 10, 2023
By Annie Levanaj The recent decision of the Court in Delanty v. Hogan, 2023 ONSC 2501, demonstrates that parties are expected to move actions forward and respond promptly when dealing with reconsiderations of WSIAT decisions. Background This decision arose from a motor vehicle accident. The plaintiffs were Ms. Delanty, a pedestrian hit by a truck […]
April 26, 2023
By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 year limitation period. In this case, […]