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's Summary of Important Cases

The following is a sampling of interesting and informative cases.

13 / June / 2022

In the recent birth trauma case of Cheung v. Samra,[1] the Ontario Court of Appeal set aside an order for a new trial by a lower court Judge and awarded the plaintiffs $14.9 million in damages. In doing so, the…

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13 / January / 2022

Following a 6-day video-conference hearing, Adjudicator Lake ruled that the Applicant was entitled to payment of income replacement benefits in the amount of $400.00 per week from July 17, 2019 to date and ongoing, plus interest in accordance with s.…

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10 / January / 2022

Section 10 of the Regulation 664 provides that, if the Tribunal finds that an insurer has unreasonably withheld or delayed payment of benefits, the Tribunal may award a lump sum of up to 50 percent of the amount to which…

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10 / January / 2022

Although the Applicant’s appeal of the attendant care benefit was filed beyond the two-year limitation period, the Tribunal found that under s. 7 of the Licence Appeal Tribunal Act, the justice of the case required the limitation period to be…

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2 / December / 2021

Of critical importance is an early investigation into any access to long term disability insurance policies by lawyers retained to represent accident victims. That is because the Limitations Act imposes a two-year time limit on starting lawsuits, including against LTD…

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23 / November / 2021

The Supreme Court of Canada in Nelson (City) v Marchi, 2021 SCC 41 recently confirmed that municipalities owe a duty of care to prevent injuries from snowbanks on roads and sidewalks.  At issue in this personal injury action was whether…

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31 / August / 2021

The disagreement between majority and dissent in Florence v Benzaquen, 2021 ONCA 523 provides the Supreme Court of Canada its first opportunity to consider whether a duty of care can be owed by a physician to an unborn child.  At…

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24 / August / 2021

The Supreme Court of Canada in Grant Thornton LLP v New Brunswick, 2021 SCC 31 recently set out the standard of knowledge applicable to discoverability in the context of limitation periods. At issue in this professional negligence action between New…

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