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Summary of Important Cases

The following is a sampling of interesting and informative cases.

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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17 / September / 2021

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…

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7 / September / 2021

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…

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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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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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