's Summary of Important Cases

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…

For full decision, please click Gallo v. Bramalea City Centre Equities Inc., 2019 ONSC 2227 (CanLII)

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…

Justice Copeland dismisses the Defendant’s summary judgment motion in an action involving a young child who fell off a play structure at his daycare and sustained a fracture to his arm and a nerve injury. Daycares have a duty to…