On June 20, 2019, Tobin Horton and Justin Koifman of our office were successful at the WSIAT on a right to sue application. In this case, the plaintiff sustained a bilateral femur fracture in the course of his employment as a security guard. He issued a claim against two tortfeasors. Both tortfeasors were also in the course of their employment, but Mr. Horton’s client was only in Ontario on a temporary basis as he was normally an employee in Alberta. The parties argued the tortfeasor’s substantial connection to Ontario and Vice-Chair Mitchinson concluded that there was a substantial connection to Ontario. Accordingly, the right to sue was statutorily barred by the Act. To read the decision please click here…. 

In Cadieux v Cloutier, 2018 ONCA 903 David Zuber and Joshua Henderson were successful in overturning a trial decision. The 5 member panel of the Court of Appeal completely revised the law of Accident Benefit deductibility for all motor vehicle accidents in Ontario! Great work David Zuber, Joshua Henderson and team! To read the complete ONCA decision, Please click here. 

In Chiocchio v. Hamilton (City), 2018 ONCA 762, the Court of Appeal granted our appeal in a trial decision, in which the City of Hamilton was found liable for having failed to paint a “stop line” at a rural side road intersection. In April 2006, the co-defendant came to a stop at the stop sign, 9 meters back from the intersection. He then pulled out into the intersection and caused a terrible accident with the plaintiff’s vehicle coming from his left. The plaintiff alleged (and the trial judge agreed) that the City’s failure to paint a stop line contributed to the accident. Great job David Zuber, Marcella Smit and James Tausendfreund!

To read further, please click here.