August 23, 2022
The Court of Appeal’s decision in Mugizi v. Ngo, 2022 ONCA 595, shows the risks of not moving actions forward. The plaintiff was involved in a motor vehicle accident in January 2014. An action was commenced in March 2015. The action was struck from the trial list in December 2019 because the plaintiff had not […]
August 22, 2022
In Doria v. Warner Bros. Entertainment Canada Inc. et al., 2022 ONSC 4454, the court considered when a further proceeding can be commenced arising out of the same facts. The plaintiff rented out his house to a film production company. His family room floor was scratched. He commenced an arbitration against the film production company […]
August 17, 2022
By Athina Ionita Introduction In Kikites v. York Condominium Corporation No. 382, 2022 ONSC 4606, a condominium unit owner (the Applicant) complains of noises coming from the upstairs unit. The Applicant seeks a number of remedies under the Condominium Act, 1998, SO 1998, c. 19, alleging that the condominium corporation was oppressive towards her in […]
August 16, 2022
The case of Terra v. Desjardins Financial Security Life Assurance Company, 2022 ONSC 4673, involves a dispute over a defence medical examination in a long-term disability benefits claim. Prior to the commencement of the action, the plaintiff attended a psychiatric assessment with Dr. Chad at the request of the defendant insurer. After the litigation was […]
August 08, 2022
In Namin v. Allstate Insurance Company of Canada, 2022 CanLII 70251 (ON LAT), Vice-Chair Maedel of the Licence Appeal Tribunal held that an incident wherein the applicant slipped and fell on snow and ice after exiting her vehicle was not an “accident” under the Statutory Accident Benefits Schedule. The description of the incident is as […]
August 03, 2022
By Amanda Colarossi Overview Section 44 of the Statutory Accident Benefits Schedule (“SABS”) outlines the requirements of an insurer when scheduling an insurer examination (“IE”). The Licence Appeal Tribunal (“Tribunal”) can, on a motion, create remedies for any breaches of s.44. This was the situation in Waring v. Aviva General Insurance Company, 2022 CanLII 59513. […]
