As lawyers, we are accustomed to adapting to change. Whether it is a new take on an old common law principle or the introduction of a divisive piece of legislation, lawyers must keep pace with the law as it transforms alongside society.

Wawanesa classified Ms. Pucci as eligible for the maximum housekeeping and attendant care benefits available under the SABS to persons who are not catastrophically injured.

The recent License Appeal Tribunal decision in Amoh v. Pembridge Insurance, 2021 ONLAT 20-001280/AABS, addresses the issue of whether an applicant is barred from commencing a proceeding against...

While civil case conferences may seem a relatively quick and less formal way to secure judicial intervention to assist in moving a case forward, particularly at a time of notable court delays and backlog, a recent endorsement from ...

The Applicant sought to have the Tribunal's decision reconsidered on the basis that the Tribunal erred when it failed to apply the appropriate test correctly.

The action in Spry v. Southlake Regional Health Centre et al., 2022 ONSC 1783 involved a claim for medical negligence following the plaintiff's attendance at the emergency room at Southlake Regional Health Centre ("Southlake") on February 16, 2018.

A recent decision of the Ontario Superior Court of Justice shows the importance of complying with timelines to serve expert reports.

Once it has been determined that a claimant meets the eligibility requirements under s.5 of the SABS, the quantum of the benefit must then be determined.

In Kanani v. Economical Insurance, the plaintiffs brought a motion for production of their accident benefits insurer's reserve information.

Dog walking services have become fairly common in recent years. When dog owners are away from home, they do not want their dogs to be trapped inside all day.

In Sigurdson et al v. Norboard Inc. et al, 2021 ONSC 5193, the Superior Court of Justice declined to recognize a duty of care between the employer of a deceased individual and his family members.

In Marderosian v. City of Niagara Falls, 2024 ONSC 1043, the Corporation of the City of Niagara Falls brought a summary judgement motion to determine whether the plaintiff's claim was barred for lack of timely notice.

In Avedian v. Enbridge Gas Distribution Inc., 2021 ONCA 361 the Court of Appeal granted an appeal from an order granting summary judgment on the basis that the motion should not have been allowed to proceed after the trial had been scheduled.

In Bustin v. Quaranto, 2023 ONSC 5732, Vince Quaranto ("the defendant") brought a motion to strike a claim brought by a bystander alleging personal injuries arising from witnessing a motor vehicle...

In a recent decision of the Ontario Court of Appeal ("ONCA") in Oz Merchandising Inc. v. Canadian Professional Soccer League¸2020 ONCA 532, OZ Merchandising Inc. ("OZ") was denied leave to submit a 500 page factum.

The Ontario Superior Court recently released joint decisions in Mallette v. Bank of Montreal, 2021 ONSC 2924, and Bannister v. Canadian Imperial Bank of Commerce, 2021 ONSC 2927, approving the settlement of both class actions ...

A recent court decision shows that occupiers cannot turn a blind eye when relying on a contractor.

The law related to clams for a sexual assault is not nearly as developed.

Civil litigation lawyers are no strangers to slip-and-fall claims. As insurance defence counsel, many of our clients' insureds are commercial entities whose customers turned into plaintiffs.

In Denman v. Radovanovic, 2022 ONSC 4401, following a July 18, 2022, mid-trial voir dire, Justice Ferguson ordered the defence's expert Dr. Redekop excluded from testifying...