The Threshold: Nothing Much Has Changed

Nov 27, 2019 | Tort

ONSC: In a threshold motion, the evidence of family members should never be ignored; a clean pre-accident health matters; the ability to work may be irrelevant on a threshold motion; and a court will want to help a likeable and credible plaintiff.

Mann v Jeffersen: No Objective Injury? You Better be Credible!

Mar 13, 2019 | Tort

This decision arises from a motor vehicle accident that occurred on February 8, 2011. The trial took place in January 2019 before Trimble J. After the jury retired to deliberate, the defendants brought a motion for a declaration that the plaintiff’s injuries did not...

Sign Here, or Your Child will Hate You

Feb 1, 2019 | Occupiers’ Liability, Tort

Authored for and Published in CICMA March 2019 Newsletter. Your child has been invited to her best friend’s birthday party at Charlie’s Pizza Palace. You drop her off at the party. Before you can leave to enjoy the next two hours of freedom, the clerk at Charlie’s...

How Do You Like Them Apples?

Dec 5, 2018 | Tort

The Ontario Court of Appeal concurrently released two eagerly awaited decisions that speak to the interplay between tort damage awards and statutory accident benefits (SABs) under s. 267.8 of the Insurance Act in motor vehicle accident personal injury cases. Cadieux...

C’mon Join the Joyride

May 13, 2018 | Tort

Risk of personal injury after vehicle stolen by two minors from commercial garage found not to be reasonably foreseeable. The Supreme Court of Canada has weighed in on the duty of care owed by a business that stores vehicles to someone who is injured following the...

First fatality at the hands of a… Robot?

Mar 22, 2018 | Tort

On March 18, 2018, a vehicle operating in a “self-driving mode” (owned by Uber) struck and killed a woman in Tempe, Arizona, as she was crossing the street. This was the first documented time that an individual was killed by a self-driving vehicle. The vehicle in...

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