6 total
Appeal of vexatious litigant declaration dismissed as meritless.
The appellant, a university student who had been banned from campus, initiated over 20 separate legal proceedings against the university, student council, and others.
The application judge declared him a vexatious litigant under s. 140 of the Courts of Justice Act.
The appellant appealed the judgments but failed to identify any errors in the application judge's analysis.
The Court of Appeal dismissed the appeal, finding no error in the conclusion that the appellant is a vexatious litigant.
The court struck a student's academic dispute claims against a university but allowed leave to amend personal injury and contract claims.
The defendants, including the University of Windsor and various staff, brought a motion to strike the plaintiffs' Fresh as Amended Statement of Claim for disclosing no reasonable causes of action.
The court struck most claims, including those related to academic disputes, human rights violations, professional misconduct, and intentional infliction of mental suffering, finding them to be matters for internal university processes or judicial review, or not properly pleaded.
However, leave was granted to amend claims for negligence related to a personal injury (knee injury sustained during an intramural volleyball game) and for breach of contract and negligent/fraudulent misrepresentation concerning an alleged scholarship guarantee.
The claims of the plaintiff's family members were limited to Family Law Act damages arising from the knee injury.
Fall in parking lot caused by strapping on ground did not constitute an 'accident' under the Schedule.
The applicant sought statutory accident benefits after falling in a nursery parking lot.
She claimed she was in the process of unlocking her vehicle when her leg became caught in strapping on the ground.
The insurer denied the claim, arguing the incident did not meet the definition of an 'accident' under the Schedule.
The Arbitrator found that the incident did not arise out of the use or operation of an automobile, as the evidence indicated she fell while turning away from returning a shopping cart, not while unlocking her vehicle.
Furthermore, the vehicle was not the direct cause of her injuries; the strapping on the ground was the intervening and dominant feature.
The application for arbitration was dismissed.
Special award granted against insurer for unreasonably delaying approval of medical benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer denied treatment plans for physiotherapy and a functional abilities evaluation, arguing the injuries fell within the Minor Injury Guideline.
Just prior to the arbitration hearing, the insurer approved the treatment plans with interest.
The applicant sought a special award under s. 282(10) of the Insurance Act for unreasonable delay.
The arbitrator found that the insurer unreasonably withheld benefits by failing to provide complete medical information to its assessors and selectively relying on reports that supported termination.
A special award of $2,510.98, representing 25% of the entitled amount, was ordered.
Application for arbitration dismissed after applicant failed to attend hearings and abandoned claim.
The applicant applied for statutory accident benefits following a motor vehicle accident.
After his counsel was removed from the record, the applicant failed to attend two pre-hearings and a preliminary issue hearing, despite receiving proper notice.
The arbitrator concluded that the applicant had abandoned his claim and dismissed the application for arbitration.
No order was made with respect to costs.
Application for arbitration dismissed and costs awarded due to applicant's failure to participate or produce documents.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After mediation failed, she applied for arbitration.
The applicant's counsel was removed from the record due to a breakdown in the solicitor-client relationship, and the applicant subsequently failed to attend pre-hearings or produce requested documents.
The insurer brought a motion to dismiss the application.
The arbitrator found the application was abandoned or vexatious, dismissed the application for arbitration forthwith, and ordered the applicant to pay $500 in costs to the insurer.
