August 23, 2023
By Michael Kryworuk On August 15, 2023, the Ontario Superior Court released its decision in Rupani v. Willett, 2023 ONSC 3743, dismissing a motion by the defendants in a motor vehicle accident claim, seeking leave of the Court for an examination of two non-parties. History of the Litigation: This case arose from a motor vehicle […]
August 16, 2023
By Katrina Taibi Overview: The Court in Ramcharran v. State Farm Mutual Automobile Insurance,[1] heard a threshold motion and concluded that the plaintiff’s injuries met the statutory threshold under the Insurance Act, as well as the additional requirement for unidentified and underinsured motorist coverage. Background Facts: On February 12, 2010, the plaintiff, Norman Ramcharran, was […]
August 09, 2023
By Kathryn Orydzuk In 2015, the Ontario Legislature passed the Protection of Public Participation Act, S.O. 2015, c. 23, which introduced a powerful motion to counter “Gag Proceedings” or “Strategic Lawsuits Against Public Participation” into the Courts of Justice Act, R.S.O. 1990, c. C. 43. The motions provide a defendant to a defamation lawsuit with […]
August 02, 2023
By Jennifer Singh In Morris et al. v. Prince et al. [1] the plaintiff was involved in a pedestrian accident, wherein he was hit by the defendant, operating a pickup truck. The plaintiff commenced an action against the defendant driver as well as the City of London. One of the major issues to be determined, […]
July 27, 2023
By Jordan Petruska In Tsivaras v. The Cadillac Fairview Corporation, 2023 ONSC 3973, the defendant, Cadillac Fairview Corporation (“Cadillac”), brought a motion to dismiss the action for delay under subrule 24.01(1)(c) of the Rules of Civil Procedure, RRO 1990, Reg 194(“the Rules”). The court did not dismiss the action for delay despite there being a […]
July 25, 2023
By Samuel Pevalin, Student-at-Law Overview The Licence Appeal Tribunal (LAT) considered the issue of what constitutes an “accident” under 3(1) of the Statutory Accidents Benefits Schedule (“SABS”) in Rathbone v. Co-operators General Insurance Company, 2023 CanLII 58468. The applicant, Mr. Rathbone, sustained injuries when he ordered a coffee at a drive-thru and the lid came off, burning […]
Category: Case Updates