Knowledge Centre

In Pereira v Contardo 2014 ONSC 6894, the plaintiff commenced an action in March 2013, almost four and a half years after he was injured in a MVA. Belobaba J dismissed the defendant’s motion for summary judgment to dismiss the … Read more »

In Iannarella v Corbett, 2015 ONCA 110 the Ontario Court of Appeal provided clarity on the use of surveillance video as evidence and the onus of proof in a rear-end motor vehicle collision.  Mr. Iannarella suffered a rotator cuff injury … Read more »

L’Esperance v The Economical Mutual Insurance Group at al., 2014 ONSC 6293 was a summary judgment motion to deal with the issue of the one-year statutory limitation period for an insured to bring an action against their insurer for recovery … Read more »

Lawyers were taken aback by the January 2014 decision at trial in Moore v. Getahun.  The trial judge held that it was improper for counsel to assist an expert witness in the preparation of the expert’s report.  The extent to … Read more »

Newton v Ontario (Director, Disability Support Program) (2014 ONSC 6006) – In 1980, Edmund Newton suffered head injuries when he was struck by a vehicle while riding his bicycle. He commenced an action, which settled for $60,000 in 1986. Newton … Read more »

The case of Innvest Real Estate Investment Trust (o/a Travelodge Airport North Bay) v 1328151 Ontario Inc. (o/a Paul Davis Systems of North Bay Nipissing) at al., 2014 ONSC 5891 is a ruling based on Rule 21: Determination of an … Read more »

D.E. v Unifund Assurance Company (2014 ONSC 5243) – In this case, an action was brought against R.E. and two other Grade 8 students as a result of alleged acts of bullying and assault. The plaintiff eventually amended her claim … Read more »

In Swatridge v Waters Estate, 2014 ONSC 5333, which is purely a ruling on costs, the court held that neither party should receive costs. Under Rule 49 of the Rules of Civil Procedure, RRO 1190, Reg. 194, when a plaintiff … Read more »

The Government of Saskatchewan has announced changes to Insurance Regulation aimed to modernize the legislation and increase consumer protection. Bill 177, The Insurance Act, has passed its first reading and will eventually replace The Saskatchewan Insurance Act.  The Government has … Read more »

In Lacroix v Federation Insurance Company of Canada et al, Mr. Justice Labrosse dealt with the issue of defendants seeking to prepare medical experts for trial. The experts had performed examinations of the plaintiff under s. 42 (as it then … Read more »