June 04, 2025
By Farid Mahdi Automobile insurance is compulsory in Ontario.[1] The purpose of this legislation is to protect innocent victims of automobile accidents “from having no means of seeking damages from persons who might have caused those damages without having the protection of automobile insurance.”[2] Fault for the negligent operation of a motor vehicle in Ontario […]
May 31, 2025
By Cameron Allan Overview: A recent decision from the Ontario Superior Court exemplifies the effectiveness of summary judgment in addressing liability disputes between a defendant OPCF 44R carrier and co-defendant vehicle operator in motor vehicle accident litigation. In Farrugia v. Doe et. al., 2025 ONSC 3065, an OPCF 44R carrier sought a determination from the […]
September 25, 2024
By Elizabeth Branopolski In the recent decision of Abdul-Hussein v. Zabel, 2024 ONSC 4035, the Ontario Superior Court of Justice reiterated the important role expert evidence plays in medical malpractice claims. Background The self-represented plaintiff, Ms. Abdul-Hussein, consulted with the defendant, ophthalmologist Dr. Werner Zabel, for a cataract surgery consultation. The defendant recommended that the […]
August 31, 2022
By Jennifer Singh In Sabaratnam v. Mooka, 2022 ONSC 4779,the plaintiff moved for summary judgment against the defendants, seeking general and punitive damages for defamation. The plaintiff’s motion was granted in part. Factual Background At all material times, the plaintiff was a member of the GTA Tamil community and an advisor for Sun Life Financial […]
June 22, 2022
By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice Wilson scheduled the motion for two […]
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 […]
