Brendan O'Brien

The respondent suffered severe back injuries in a motor vehicle accident caused by the appellant.

Medical experts recommended surgery with a 70% chance of success, but the respondent refused due to a fear of surgery, demanding a 100% guarantee.

The trial judge found the refusal unreasonable and cut off damages for loss of income at the date the respondent would have recovered had he undergone surgery.

The Court of Appeal adjusted the award by factoring in the 30% chance of failure.

The Supreme Court of Canada dismissed the appeal, holding that the objective test of reasonableness applies unless the plaintiff has a pre-existing psychological condition rendering them incapable of making a rational choice.

The Court affirmed that damages should be assessed by discounting full compensation by the probability of the surgery's success.

The respondent, a permanent resident of Canada, met all requirements for membership in the Ontario bar except the citizenship requirement imposed by s. 28(c) of the Law Society Act.

He sought a declaration that the provision was inconsistent with s. 6(2)(b) of the Canadian Charter of Rights and Freedoms.

The Supreme Court of Canada held that s. 6(2)(b) does not establish a separate and distinct right to work divorced from the mobility provisions in which it is found.

The appeal by the Law Society was allowed, upholding the citizenship requirement.

The appellants appealed a judgment of the Court of Appeal for Ontario regarding first loss insurance under The Insurance Act.

The Supreme Court of Canada dismissed the appeal, finding that the appellants' submissions did not persuade the Court that the Court of Appeal erred in its judgment.

The appeal was dismissed with costs.