What standard is expected of a driver confronted with an emergency situation? ONCA upholds a summary judgment motion ruling that a reactive driver was not negligent. The Ontario Court of Appeal recently upheld a summary judgment motion ruling that there was nothing...
The debate is over. The Ontario Superior Court of Justice, in Ferreira v. Hopper confirms that any Canada Emergency Response Benefit (CERB) and/or Canada Recovery Benefit (CRB) received by a plaintiff is deductible pursuant to s. 267.8(1)2 of the Insurance Act, R.S.O....
In Palmer v. Teva Canada Limited, an appeal by representative plaintiffs was rejected by a Court where the plaintiffs sought certification of a proposed product liability class action. This is a significant outcome for all those involved with products liability...
In Lamothe v. Sudbury Trail Plan Association, 2023 ONSC 3176, the Superior Court refused to allow the defendants to deliver late expert reports. The defendants attempted to bring a motion to be granted leave to deliver late expert reports which was opposed by the...
The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and...
In a recent summary judgment decision, the court has, yet again, answered what happens when you sign a waiver without reading it first. What happened? In this case, the plaintiff was riding an ATV in a sandpit at a motorsports park in Brockville when the vehicle...
