4 total
Application for accident benefits dismissed; injuries found to be predominantly minor and subject to MIG limits.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that her pre-existing psychological conditions, chronic pain, and accident-related psychological impairments warranted removal from the MIG.
The Tribunal found the medical evidence insufficient to establish that her pre-existing conditions precluded recovery within the MIG, or that she suffered from chronic pain or accident-related psychological impairments.
The Tribunal also dismissed the claim for non-earner benefits, finding the applicant failed to demonstrate a complete inability to carry on a normal life.
The application was dismissed in its entirety.
The court ordered testimonial accommodation during civil discovery for a party alleging sexual assault.
The defendants brought a motion seeking to exclude the plaintiff from the examination for discovery of the defendant C.H., who alleged sexual assault by the plaintiff when C.H. was a minor.
The plaintiff denied the allegations and opposed exclusion, asserting his right to be present.
The court, considering medical evidence of C.H.'s distress and drawing parallels to testimonial accommodations in criminal law (e.g., Criminal Code s. 486.2), ordered a testimonial accommodation.
C.H. was to be examined in a separate room, with the plaintiff observing via closed-circuit television.
The court clarified that such accommodation does not imply an admission of guilt and that the additional costs would be borne by the defendants.
Default judgment of $202,296.87 awarded to plaintiff for injuries sustained in an unprovoked assault.
The plaintiff sought damages for injuries sustained in an unprovoked assault at a banquet facility.
Three defendants were noted in default.
Following an assessment of damages hearing, the court awarded the plaintiff $125,000 for pain and suffering, $25,000 for future treatment, $2,296.87 for an OHIP subrogated claim, and $50,000 for loss of competitive advantage, totaling $202,296.87.
The court also awarded costs of $67,390.82 against the defaulting defendants.
The court awarded over $400,000 in damages to plaintiffs in an undefended professional negligence action against their former solicitor for mishandling personal injury claims.
The plaintiffs, a married couple, brought an action in negligence against their former solicitor for mishandling multiple personal injury claims.
The solicitor failed to defend the action and was noted in default, leading to an undefended trial for the assessment of damages.
The court found the solicitor's conduct deplorable, noting improvident settlements for motor vehicle accidents and a complete failure to issue a claim or apply for statutory accident benefits for a slip and fall incident.
The court awarded the plaintiffs significant damages for non-pecuniary losses, past loss of income, and Family Law Act claims.