Damages – Rogers Partners LLP

Damages for Arm Fracture

rpllpadmin — Mon, 28 Nov 2022 14:03:57 +0000

The decision of Cornwall v. Al Bloushi, 2022 ONSC 6388, involves an undefended trial in a personal injury action. The plaintiff was 69 years old at the time of a slip and fall accident. She sustained a humerus fracture of her right arm. Surgery was not performed. The plaintiff has ongoing stiffness of the shoulder. […]

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Damages for Foot Injury

rpllpadmin — Mon, 14 Nov 2022 16:34:24 +0000

The case of Raskin v. Stepanyan, 2022 ONSC 6247, involves an undefended personal injury trial. The plaintiff was involved in a trip and fall accident. She was 64 years old at the time of the accident. She sustained a fracture of the fifth metatarsal on the right foot. She wore a boot-style cast for six […]

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No Damages, Nominal Damages, and Costs

rpllpadmin — Wed, 08 Jun 2022 20:26:10 +0000

By Erin Crochetière The Ontario Court of Appeal heard the appeal in Pullano v. Hinder, 2022 ONCA 418 regarding an action for battery, and counter-claim in defamation. The plaintiff, Mr. Pullano, was punched in the chest by the defendant, Mr. Hinder. Mr. Hinder’ s employer was also named in the action, and was alleged to […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 07 Jan 2022 19:36:52 +0000

At our weekly firm meeting, Annie Levanaj discussed the recent decision with respect to damages on the plaintiffs’ motion for default judgment in Zarei v. Iran, 2021 ONSC 8569. Background This decision dealt with compensatory and punitive damages sought by the plaintiffs for the shooting down of Ukraine International Airline Flight PS 752 by Iran’s […]

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Damages in Chronic Pain Trial

rpllpadmin — Tue, 30 Nov 2021 16:09:49 +0000

In the recent trial decision of Legree v. Origlieri, 2021 ONSC 7650, the plaintiff was rear-ended in stop and go traffic. The police and ambulance were called to the scene. The plaintiff did not have a significant pre-accident medical history. As a result of the accident, Justice Fowler Byrne found that the plaintiff sustained the following […]

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New High-Water Mark for Loss of Care, Guidance & Companionship Damages

rpllpadmin — Wed, 30 Jun 2021 14:21:54 +0000

By Meryl Rodrigues In the recently released decision by the Court of Appeal in Moore v. 7595611 Canada Corp., 2021 ONCA 459, the Court upheld a jury award for damages for loss of care, guidance and companionship (among other heads of damages) awarded to the parents of an adult child killed in a fire. The […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 18 Jun 2021 13:56:59 +0000

At our weekly meeting, Athina Ionita discussed the Court of Appeal’s recent decision in Eynon v. Simplicity Air Ltd., 2021 ONCA 409. This was an interesting appeal from a jury award of punitive damages. The Court of Appeal upheld a $150,000 punitive damage award against the appellant, relating to injuries the respondent suffered in the […]

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Damages in Fatality Claim

rpllpadmin — Mon, 25 Jan 2021 03:00:00 +0000

The case of Campeau v. Ontario, 2021 ONSC 129, involved a motion for default judgment against the Province of Ontario. A worker was severely injured during the course of his employment and died approximately 90 minutes after the accident in question. The claim was advanced against Ontario by his wife, two children, and his estate. Justice Gordon […]

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Charter Breaches Against G20 Protester Lead to $500 in Damages

rpllpadmin — Thu, 16 Apr 2020 17:20:03 +0000

By Brian Sunohara In a decision released by the Ontario Court of Appeal today, one of the issues was the quantum of damages available to a plaintiff when there is a breach of the Canadian Charter of Rights and Freedoms. The decision shows that damages are usually minimal. Background In Stewart v. Toronto (Police Services […]

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Punitive Damages Award Overturned

rpllpadmin — Tue, 24 Dec 2019 11:42:24 +0000

A decision released by the Court of Appeal yesterday addresses the principles of punitive damages. In Cable Assembly Systems Ltd. v. Barnes, 2019 ONCA 1013, the Court of Appeal noted that punitive damages should only be awarded on an exceptional basis for “malicious, oppressive and high-handed misconduct that offends the court’s sense of decency”. Further, punitive […]

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