by Rory Love | Sep 12, 2023 | Tort
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...
by SBA Lawyers | Mar 2, 2022 | Tort
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...
by Fiona Brown | Jan 24, 2022 | Tort
Background In Psaila v Kapsalis and City of Toronto, the Court of Appeal upheld the lower Court’s decision to grant summary judgment in favour of the City of Toronto (the “City”). The facts are quite simple. The action arises from a motor vehicle accident that took...
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 SBA Lawyers | Oct 30, 2021 | Court Proceedings, Tort
During the course of a personal injury action, the route follows a typical fashion: the statement of claim creates an action, a statement of defence is filed, and the pleadings ‘close’, allowing for the matter to move through the legal system’s defined course. But...
by Sonya Reid | Oct 30, 2021 | Tort
From January 4 to 6, 2015, Nelson, BC experienced “heavy snowfall” (by BC standards). On January 6, when Taryn Marchi parked her vehicle in an angled parking space on Baker Street, there was 36 cm of snow on the ground. The City had already cleared the road and...
