October 03, 2024
By: Katrina Taibi Overview: In Ferreira v. Hopper,[1] the Ontario Superior Court considered for the first time whether the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) can be deducted from an income loss award in the context of a motor vehicle accident. Background Facts: The plaintiff was injured in a motor […]
January 31, 2024
By Erin Crochetière The Court of Appeal for Ontario recently expanded the applicability of the vicarious liability provision outlined in s. 192(2) of the Highway Traffic Act in Desrochers v. McGinnis, 2024 ONCA 63. The case involved an accident whereby the plaintiff, Megan, was operating an ATV on a dirt road when she lost control […]
November 04, 2022
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Diebold v. Economical Mutual Insurance Company, 2022 ONSC 5592. Overview This case involved a Rule 21.01(1)(a) motion to determine whether the defendant, Economical Mutual Insurance Company, is entitled to a deduction for the settlement funds received by the […]
October 09, 2022
At our weekly Friday meeting, Taya Rosenberg discussed the Ontario Superior Court’s threshold motion decision in Kolapully v. TTC et al., 2022 ONSC 5473. Facts On March 6, 2012, Ms. Kolapully, the plaintiff, was crossing the road at a corner when she was struck by a turning TTC bus. Ms. Kolapully was taken to the […]
September 02, 2022
At our weekly Friday meeting, Nasra Esak discussed the Ontario Superior Court’s trial decision in Wabie v. Wilson, 2022 ONSC 4296. Overview The plaintiff, Ms. Waibe, was injured in a motor vehicle accident on August 20, 2014. She later commenced an action against the other driver, claiming damages for injuries to the neck, back, shoulder, […]
August 24, 2020
A person who operates a motor vehicle is not permitted to engage in a “race” or a “speed test”. Doing so is a breach of a statutory condition in the standard Ontario Automobile Policy. In Vyas v. Brown, 2020 ONSC 4916, Justice O’Brien noted that the case law indicates that a “race” is a “contest involving […]
