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Summary of Important Cases

The following is a sampling of interesting and informative cases.

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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14 / July / 2021

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.…

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14 / July / 2021

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…

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8 / July / 2021

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.…

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18 / December / 2020

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…

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11 / March / 2019

In the recently released decision of Gallo v Bramalea City Centre Equities et al., 2019 ONSC 1443 (CanLII), Bogoroch and Associates LLP were successful defending a summary judgment motion brought by the Technical Standards and Safety Authority (“TSSA”), seeking a dismissal…

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