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Category Archives: Recent Reported Decisions
Court of Appeal Restores Fairness to Those Who Suffered Psychological Impairments Stemming from an Accident
Toronto, September 27, 2012 – The Ontario Court of Appeal today released the decision in Pastore v. Aviva Canada. In this landmark decision, the Court of Appeal overturned a lower court decision that would have severely curtailed benefits for people … Read More
Insurance Companies and Wrongful Death Claims
Alan Shanoff of the Toronto Sun newspaper weighs in on the recent decision for the Vokes family from the Ontario Court of Appeal. http://m.torontosun.com/2012/08/17/insurance-companies-and-wrongful-death–claims
Posted in Recent Reported Decisions, The Law
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Appeal Courts back big award in fatal crash
Great news for our clients! A civil court jury’s award last year to children who lost their mother in a Sunset Strip car crash in Owen Sound six years ago — which set a new high-water mark in Ontario courts … Read More
Court of Appeal Dismisses Oshawa Appeal of 2010 Deering Judgment
Teenaged sisters were left permanently disabled due to dangerous road condition Toronto, June 7, 2012 – The Court of Appeal for Ontario has dismissed an appeal by the City of Oshawa in the long-running and high-profile saga of Deering vs. … Read More
Posted in Recent Reported Decisions
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Kusnierz v. Economical Mutual Insurance Company
On December 23rd, the Ontario Court of Appeal delivered its Judgment in Kusnierz v Economical. In a unanimous judgment, the Court reversed the trial judge and held that the SABS permit combining physical and psychological impairments in assessing 55% Whole … Read More
Posted in Recent Reported Decisions, The Law
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Oatley, Vigmond Obtains $4,000,000 Jury Verdict for Brain Injured Man
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Antinozzi v. Andrews – Plaintiff Successfully Defeats Threshold motion
In Ontario, if you are injured in a car crash, in order to recover money in a lawsuit for pain, suffering and loss of enjoyment of life and health care expenses your injury needs to pass a threshold (i.e. you … Read More
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Valesco v. North York Chevrolet Oldsmobile Ltd. – C.A. Explains Discoverability of Parties When Identifying Documentation Has Been in Possession for Some Time
This plaintiff was involved in a motor vehicle collision in July 2005. In preparing the claim, her counsel had obtained the police report which included a statement indicating the driver who caused the collision was also the owner of his … Read More
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Brandiferri v. Wawanesa – Recent Rulings on Expert Witnesses and Rule 53.03
Arising out of a judge-alone trial, Lauwers J. has written two recent decisions regarding the practical application of the recent amendments to rule 53.03 of the Rules of Civil Procedure. The plaintiff sought to call two expert witnesses whose reports … Read More
Sutherland v. Singh – C.A. Rules on Meaning of Election of IRB and “Available” Benefits Eligible for Deduction in a Tort Action
Author: Drew Sinclair The plaintiff and defendant were involved in a motor vehicle collision. At the time of the injury the plaintiff was employed and a caregiver to his three children. When applying for accident benefits from his insurer, the … Read More
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