March 18, 2022
At our weekly meeting, Annie Levanaj discussed the recent decision on the Court of Appeal in Hunter v. King 2022 ONCA 190. This decision arose from a motor vehicle accident that occurred on March 14, 2012. The plaintiff, Andrew Hunter, was struck from behind by the defendant, Elvira King’s vehicle while stopped at a red […]
January 10, 2022
The Divisional Court’s decision in Varriano v. Allstate, 2021 ONSC 8242, demonstrates the importance of insurers providing medical reasons for terminating income replacement benefits in statutory accident benefits claims. Allstate paid the claimant income replacement benefits between October 7, 2015 and December 2, 2015. On December 30, 2015, Allstate sent to the claimant an Explanation of […]
January 06, 2022
In light of the current state of the pandemic, the Court of Appeal has resumed hearing most matters by videoconference. The relevant portion of the Practice Direction states: 71. In response to the most recent developments related to the COVID-19 pandemic, effective December 20, 2021 and until further notice, unless otherwise directed, all hearings at […]
December 03, 2021
At our weekly meeting, Annie Levanaj discussed the recent decision of the Court of Appeal in Adam v. Ledesma-Cadhit, 2021 ONCA 828, which was an appeal of a decision regarding a swine flu vaccine. Facts Amina Adam, the five year old daughter of two of the appellants, died five days after receiving the Arepanrix vaccine […]
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 08, 2021
In 1476335 Ontario Inc. v. Frezza, 2021 ONCA 732, Justice Brown of the Ontario Court of Appeal noted that confusion frequently arises on the correct appeal route. Justice Brown called on the Ontario Legislature to create a simple test for when an appeal lies to the Divisional Court or when it lies to the Court […]
