In the News
Great work Glen Bushi and team who were able to achieve a favorable result for our client at the License Appeal Tribunal in Ahmed v. BelairDirect, 2023 ONLAT 21-006910/AABS.
The issues in dispute were as follows:
- Are the Applicant’s injuries predominantly minor as defined in s.3 of the Schedule and therefore subject to treatment within the $3,500.00 limit?
- Is the Applicant entitled to a non-earner benefit of $185.00 per week from April 29, 2019 to April 1, 2021?
- Is the Applicant entitled to the cost of a chronic pain assessment in the amount of $2,200.00 and a psychological assessment in the amount of $2,179.22?
- Is the applicant entitled to interest on any overdue payment of benefits?
The LAT concluded that based on the medical record available to it and the evidence given by the Applicant during his Examination in Chief and Cross-examination, the Applicant’s injuries were predominantly minor in nature. Further, the LAT concluded that the Applicant was not entitled to non-earner benefits as he had failed to show that “he suffers from a complete inability to carry on a normal life within 104 weeks of the accident”. The LAT further concluded that the Applicant is not entitled to the cost of the examinations. To read the full decision, please click on the link below.
Sinclair v. Amex Canada Inc., 2023 ONCA 142 – Decision ReleaseMarch 7, 2023
This appeal involved a jurisdictional issue with respect to a water taxi accident in Venice, Italy. The issue in this appeal was whether the fourth presumptive connecting factor in Club Resorts Ltd. v. Van Breda, 2012 SCC 17, a contract connected with the dispute was made in the province, gave the Ontario Superior Court of Justice jurisdiction over the appellants (3 Italian companies) with respect to the action commenced by the respondents. The Court of Appeal unanimously allowed the appeal and stayed the action against the appellants. The majority of the Court of Appeal found that the fourth presumptive connecting factor was not established and further found that in the alternative the appellants had rebutted the presumption. This is a significant decision in the context of jurisdictional claims. At paragraph 44 the Court noted that “If the decision of the motion judge were to be upheld, it would have sweeping implications. It would mean that any person who books a trip through a credit card company that provides travel services and carries on business in Ontario would, through that fact alone, extend the jurisdiction of this province’s courts to anyone who may subsequently become involved in those travel arrangements, regardless of where in the world that involvement occurs. In my view, that result would constitute the very type of jurisdictional overreach that the decision in Van Breda was cautioning against.”
To read the full decision, please click on the link below.
A great success. This appeal is brought by the Appellants (Plaintiffs) as a result of a motion Judge’s refusal to grant leave to bring a motion to include punitive damages in the Plaintiffs’ claim based on presumed prejudice that could not be compensated by an award of costs. The matter was set down for trial 4 years prior by the Appellants (Plaintiffs,) and certified the matter was ready for trial during two previous pre-trials. Just weeks prior the scheduled 32 day trial, the Appellants brought a motion to amend the claim to increase the amount of damages and include punitive damages. The motion judge allowed the increased damages but refused the Appellants (Plaintiffs) requests related to punitive damages resulting in this appeal. The Appellants appealed on the grounds that the motion judge erred in law as there was neither prejudice nor presumed prejudice causally related or flowing from the proposed amendment that was non-compensable, as any delay or extra work that would result from the amendment were matters compensable in costs. No explanation for the delay in bringing the motion was provided by the Appellants (Plaintiffs). The Court of Appeal dismissed the appeal.
To read the full decision click here
David Bierstone successfully brought a WSIAT application, bringing an end to a civil action in which the plaintiff fell off a roof he was working on, suffering a serious spinal injury. The plaintiff argued that he was not in an employment relationship, but was simply helping a friend and, alternatively, that he was an “independent operator”, rather than a worker. The Tribunal rejected both arguments. To read the decision please click on the link below.
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A fantastic article about an encounter with Retired Justice Thomas Zuber that demonstrates professional courtesy, role modelling and small gestures leaving behind a big impact.
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JDC Ltd. et al v. CAW Ltd et al.May 17, 2022
This case involves a large fire that occurred in the Port of Oshawa. The Plaintiff, who was the owner of the property, was claiming over $10 million in damages. The Defendant, the tenant at the time of the fire, was relying on, among other things, a covenant to insure contained in the lease, taking the position the covenant to insure would bar the Plaintiff’s case completely. The case also included claims of negligence, breach of contract, causation and damages. Justice Carole Browne agreed with the Defendant and found that the Defendant was successful on all issues. The decision includes key issues and law including covenants to insure, contractual and lease interpretation and contra proferentem, effect of a guilty plea in a related proceeding, causation, and principles of damages including whether repair/restoration value is payable, and deductibility of insurance monies. A great result for our client!
To read the decision, click the link below.
Successful outcome in obtaining Loss Transfer Indemnity for Accident Benefits paidJanuary 20, 2022
In Heartland Farm Mutual v. Wawanesa Mutual Insurance Company (decision of Arbitrator Samworth, January 19, 2022), Jonathan Schwartzman successfully obtained for the Applicant loss transfer indemnity for accident benefits paid. The Respondent’s purported pre-accident cancellation of its automobile insurance policy for the heavy commercial vehicle at fault for the accident, was found to be invalid for both a failure to comply with Statutory Condition 11 of the OAP1 with respect to payment of policy premium refund, and the grounds cited for the cancellation not properly existing. As a result, the Respondent’s policy remained in effect at the time of the accident and must respond to the loss transfer indemnity claim.
To read more, please click the link below.
Heartland & Wawanesa – Award dated January 19, 2022
Don Dacquisto and James Tausendfreund successfully argued a coverage application on behalf of our client, Northbridge General Insurance Company relating to other insurance clauses. The underlaying action dealt with a claim against a pharmacist and Northbridge settled the claim. The respondent, Aviva Insurance Company took the position that their policy need not respond, and Northbridge took the position that 50% indemnity was owed. Justice Chalmers agreed with our client’s position and concluded that Aviva should be responsible for 50% indemnity.
Click here for the full Endorsement
Successful outcome for our client regarding a Bank’s Duty of Care for Patron’s SafetySeptember 17, 2021
This is a case where the Plaintiff was violently assaulted at an enclosed ATM at night. The Plaintiff made a number of allegations against TD Canada Trust including breaching their duty of care for the Plaintiff’s safety. The Defendant TD Canada Trust brought a summary judgment motion where a voir dire of the experts was conducted regarding qualifications and their opinion evidence. After a detailed analysis of the admissibility of expert reports and the evidence, the Court found that TD Canada Trust did not beach its duty of care to the Plaintiff.
To read more about the decision, please click the link below
Virtual Trial SuccessSeptember 16, 2021
In March and April of this year, Mr. Tobin Horton and Mr. Dean Paspalofski represented the Defendants in one of the few virtual civil trials in the Province, in front of Madam Justice Mills, sitting in Milton, Ontario. The matter arose as a result of an unusual motor vehicle incident where the Plaintiff alleged to have suffered permanent and life altering injuries as a result of electrocution and a traumatic brain injury.
The nine day trial was heard over a three week period and the Defendants were ultimately successful at the trial, having the Plaintiff’s action dismissed by the court.
A copy of the Reasons for the Decision of Justice Mills can be found here:
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