Summary of Important Cases

In Armstrong v Ward, 2021 SCC 1 the plaintiff underwent a colectomy procedure performed by the defendant surgeon. Following the surgery, the plaintiff had post-operative issues and it was determined that her left ureter had a blockage which ultimately necessitated…

In the recent Ontario Divisional Court decision, Porter v Aviva Insurance Company of Canada, 2021 ONSC 3107, Ms. Porter called a Lyft car to her home on a snowy winter day in January. When the Lyft car arrived, it parked halfway…

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…

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…

In Ontario, does the Licence Appeal Tribunal (“Tribunal”) have jurisdiction to extend the 2-year time limit to dispute the denial of accident benefits? Yes, according to the Divisional Court in Fratarcangeli v. North Blenheim Mutual Insurance Company, 2021 ONSC 3997.…

A landmark decision was made recently in Moore v. 7595611 Canada Corp., 2021 ONCA 459. The Court of Appeal for Ontario dismissed the defendants’ appeal in its entirety and left untouched the jury’s verdict that included awards of $250,000 each…

LAT Determines that Aviva Insurance Company has Acted in Bad Faith An insurer may move to dismiss your case as “abandoned” at the Licence Appeal Tribunal if you miss one or more deadlines. In the recent case of Ahmed v.…

In Boutcher v Cha, the Plaintiff underwent a hysterectomy performed by the Defendant gynecologist. Parties agreed that the only issue for trial was whether placement of two sutures in the base of Ms Boutcher’s bladder wall was negligent or non…