Christopher Obagi

The plaintiffs brought a motion to implement a Pierringer settlement agreement with 18 of the defendants following a multi-vehicle collision, and to strike the jury notice filed by the non-settling defendants due to anticipated COVID-19 trial delays.

The court granted the order implementing the settlement with some modifications to the proposed terms, including a mechanism to enforce the settling defendants' discovery obligations.

The motion to strike the jury notice was dismissed as premature, as no pre-trial conference had yet occurred to determine the expected length of the trial.

Following a trial where the plaintiffs were awarded damages for a motor vehicle accident, the defendant brought a motion for a conditional assignment order of the plaintiff's Statutory Accident Benefits (SABS).

The parties disagreed on the effective date of the assignment.

The court held that the effective date of the assignment is the date of the reasons for judgment, but the assignment is conditional upon and triggered by the payment of the judgment in full.

The plaintiff pedestrian was struck by the defendant's vehicle while crossing a street.

The defendant was found 100% liable.

The plaintiff had a highly complex pre-existing medical history, including chronic pain, sarcoidosis, and melanoma.

The court found the plaintiff suffered a mild traumatic brain injury and other injuries from the collision, which exacerbated his pre-existing conditions and impaired his ability to manage them.

The court assessed damages for the plaintiff and his family members, but reduced the total awards by 25% applying the crumbling skull principle, as the plaintiff would have been detrimentally affected by his pre-existing conditions regardless of the accident.

The injuries were found to meet the statutory threshold.

The defendant brought a motion for summary judgment to dismiss two actions arising from a motor vehicle accident in Ontario.

The defendant argued that because the deceased and the defendant were residents of Quebec, Quebec's no-fault automobile insurance regime and Civil Code should apply, precluding the tort actions.

The court dismissed the motion, applying the lex loci delicti rule from Tolofson v. Jensen.

The court held that Ontario substantive law applies to torts committed in Ontario, allowing the plaintiffs, including derivative claimants under the Family Law Act, to proceed with their actions.

During a personal injury trial arising from a motor vehicle accident, the plaintiffs objected to the admissibility of an expert report from the defendant's occupational therapist regarding the injured plaintiff's attendant care needs.

The plaintiffs argued the report did not comply with a previous court ruling that limited the expert's evidence to the practical delivery model of care rather than the quantum of hours required.

The court agreed with the plaintiffs, finding the report went beyond the permitted scope by critiquing the plaintiff's expert and opining on the number of hours needed.

The court ruled that only specific portions of the report addressing the cost and availability of personal support workers and handyman services were admissible.