Michaud-Shields v. Gough

A great win by David Bierstone, Akari Sano and team in the Summary Judgment Motion of Michaud-Shields v. Gough. This involved a mother and son, living in the same household. The son stole the car. Both the mother and son testified that there was no consent. The uninsured motorist said there was implied consent. The court agreed that there was no implied consent. The judge explained that granting consent to possess is a positive act. If there is no consent, the owner does not have to take active steps to prevent unauthorized use of the vehicle (i.e. hide the keys).

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Stewart v. Township of Douro-Dummer – Court File No. CV-11-4156

A superb victory for Zuber & Company David Zuber in Stewart v. Township of Douro-Dummer, 2018 ONSC 4009 released June 26, 2018 wherein Justice Ricchetti concluded there was no positive duty on a taxi cab driver to ensure that vulnerable adult passengers are or remained buckled. Great work Dave and team!

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Res Judicata of Administrative Tribunals: Is the Criminal Injuries Compensation Board Binding on Civil Trials?

By Joshua Henderson

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Commentary: Cleaning Building Window Glass – What Are you Insured For?

By James G. Norton

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Workplace Safety Insurance Appeals Tribunal Decision

In a decision released August 15, 2017, WSIAT held that notwithstanding the Plaintiff’s executive role with his company, and the fact he owned his own vehicle, he was still a ‘worker’ for WSIB purposes. As such, he had no right to sue.

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Recent Changes to PJI and Accident Benefits Deductibility by the Ontario Court of Appeal

Joshua Henderson

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Upcoming Event

Joshua Henderson will be speaking at the Advocates Society Symposium in Sudbury on Appeal Best Practices on October 12, 2017.

CAN YOU BELIEVE YOUR EYES? HOW PHOTOS CAN DISTORT THE TRUTH

Upcoming Event

David Zuber will be speaking at the 2017 OTLA Fall Conference on “Booby Traps, Drones and Land Mines: Surveillance” on November 16, 2017.

Recent Case Law on the Disclosure of Surveillance Evidence by David Zuber and Jordan Dunlop

The paper offers recent case law analysis regarding the disclosure of surveillance evidence and its admissibility at trial, both for substantive and impeachment purposes.

Recent Case Law on the Disclosure of Surveillance Evidence – OBA

Workplace Safety Insurance Appeals Tribunal Decision

Jonathan Schwartzman was successful before the Workplace Safety Insurance Appeals Tribunal in having the plaintiff’s tort claim from a motor vehicle accident barred on basis of plaintiff and defendant both being Schedule 1 workers within the scope of their employment at the time of the accident.

WSIAT Decision No. 3214 16 dated Jan 3, 2017