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

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

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?

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

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?

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...

$225,000 in General Damages Upheld by ONCA

The Court of Appeal has upheld a jury’s award of $225,000 in general damages for pain and suffering in a case involving a plaintiff who suffered fractures to the tibia and talus bone as a result of a motor vehicle accident. The plaintiff was 18 at the time of the...

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