Michelle Arzaga

The applicant, a minor, sought court approval under Rule 7.08 for a $22,500 full and final settlement of her statutory accident benefits claim with the respondent insurer.

The minor sustained physical and severe psychological injuries after being struck by a vehicle as a pedestrian.

The court adjourned the application, finding the evidentiary record insufficient to determine whether the settlement was fair and reasonable, particularly regarding whether the minor's psychological injuries might meet the threshold for a catastrophic impairment designation.

The defendants brought a motion for summary judgment to dismiss the plaintiff's claim and a co-defendant's crossclaim in a motor vehicle personal injury action.

The moving parties relied on an expert report attached to an affidavit from an associate lawyer.

The court gave no weight to the expert report because it was provided via information and belief, depriving the responding parties of the opportunity to cross-examine the expert.

Finding three conflicting accounts of the accident and substantial issues of credibility and reliability, the court concluded there were genuine issues requiring a trial and dismissed the motion.

The plaintiff was seriously injured when attacked by a rival gang member in a provincial jail.

The plaintiff sued Ontario and others, alleging that a correctional officer was negligent in placing the plaintiff and the assailant in the same unit despite the jail's policy of separating members of the same gang.

The trial judge found for the plaintiff.

On appeal, Ontario argued that the policy negated any duty of care and that the trial judge erred in applying the standard of care and finding causation.

The Court of Appeal dismissed the appeal, holding that the policy did not negate the common law duty of care, that the correctional officer breached the standard of care by failing to consider inmate incompatibility, and that the negligence caused the plaintiff's injuries.

The plaintiff, an inmate and member of the Malvern Crew street gang, was severely beaten by a rival gang member while housed at the Don Jail.

He sued the Crown in negligence for placing him in the same unit as the rival gang member.

The court found that the Crown owed a duty of care and breached it by failing to consider inmate compatibility when applying its numeric balancing policy for housing gang members.

The Crown knew or ought to have known of the severe security threat posed by the rival gang member.

The court found the Crown liable for the assault, but reduced the damages by 15% due to the plaintiff's contributory negligence in failing to request protective custody.