by Lisa Armstrong | Feb 7, 2023 | Accident Benefits
The Ontario Court of Appeal has allowed Allstate’s appeal from the Divisional Court decision in Varriano v. Allstate Company of Canada. The claimant, Nunzo Varriano, was injured in a motor vehicle accident on September 30, 2015, and paid IRBs from October 7, 2015,...
by Lisa Armstrong | Dec 3, 2021 | Accident Benefits, Tort
In a rare challenge to exclude scientific evidence as unreliable in a civil case, Justice Bale found SPECT scans do not meet the reliability foundation test for novel scientific evidence, in the recent decision of Meadev. Hussein, 2021 ONSC 7850. According to the...
by Lisa Armstrong | Aug 19, 2019 | Cyber and Privacy
The plaintiffs in Karasik v. Yahoo Inc., a proposed class action, brought a motion for production of Yahoo’s database of its 16.9 million Canadian users prior to the certification motion. This class action stems from cyber attacks in 2013 and 2014 by Federal Secret...
by Lisa Armstrong | Jul 21, 2019 | LAT
The Ontario Court of Appeal has upheld Justice Ramsay’s determination that the LAT has exclusive jurisdiction at first instance over all claims in respect of accident benefits, including extra contractual claims such as bad faith conduct. By way of background, Ms....
by Lisa Armstrong | May 13, 2019 | Emerging Issues
In Kaplan v. Casino Rama, released May 7, 2019, Justice Belobaba dismissed the plaintiffs’ motion to certify a class action arising from the 2016 cyber-attack on Casino Rama. Background In November 2016 Casino Rama’s computer system was hacked and a variety of...