Court File and Parties

CITATION: Sorrentino v. Certas Home and Auto Insurance Company, 2025 ONSC 5518

DIVISIONAL COURT FILE NO.: 343/25

DATE: 20250930

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ERSILIA SORRENTINO, Appellant

AND:

CERTAS HOME AND AUTO INSURANCE COMPANY, Respondent

BEFORE: D.L. Corbett, Emery and Faieta JJ.

COUNSEL: Jane Conte, for the Appellant

Bruce Chambers, for the Respondent

HEARD at Toronto: September 23, 2025

ENDORSEMENT

D.L. Corbett J. (orally):

[1] In our view this appeal must be allowed. In the exceptional circumstances of this case, we would not send the case back to the LAT, and instead we would order that the Appellant is entitled to the costs of the disputed plan in the amount of $365,257.00, with immediate effect.

[2] The Appellant is 92 years old. She requires the money to move forward with her life. If we were to remit the matter back, it is reasonably foreseeable that justice would come too late to do her any good at all. As it is, the Appellant has suffered another injurious fall and cannot return to her condominium.

[3] Deference to the LAT and its process is less important, in this case, than seeing the Appellant receive some benefit from the funds she was wrongly denied in the impugned decision below. Our reasons for this decision shall follow in-writing in due course.

[4] Costs to the Appellant of $10,000.00 inclusive payable within 30 days.

[5] To be clear, by “immediate effect” we mean precisely that. Our decision is not stayed pending proceedings to seek leave to appeal to the Ontario Court of Appeal absent a stay order expressly granting that relief from that court.

____________________________ D.L. Corbett J.

I agree: ___________________________ Emery J.

I agree: ___________________________ Faieta J.

Released Orally: September 23, 2025

Released In-Writing: September 30, 2025