Paolo Negro

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to establish that she suffered from chronic pain, neurological/cognitive deficits, or psychological impairments caused by the accident that would warrant removal from the MIG.

As the $3,500 MIG limit had already been exhausted, the Tribunal dismissed the claims for additional psychological and physiotherapy treatment plans, as well as the claim for interest.

The plaintiff sued the City of Toronto for injuries sustained after tripping on a pothole in a pedestrian crosswalk.

The City brought a motion for summary judgment, arguing the claim was barred because the plaintiff failed to provide notice within 10 days as required by s. 42(6) of the City of Toronto Act.

The court dismissed the City's motion and granted summary judgment to the plaintiff on this issue, finding the plaintiff had a reasonable excuse for the delay and the City suffered no prejudice.

The plaintiff alleged injuries from a slip and fall on a sidewalk and commenced an action against the City of Toronto and the registered owner of the adjacent property, Maria Naccarato.

After the limitation period expired, the plaintiff learned Maria Naccarato had died years prior and her son, Joe Naccarato, was the executor and occupier of the property.

The plaintiff brought a motion to amend the statement of claim to substitute Joe Naccarato as a defendant.

The court granted the motion, finding the pleading constituted a misnomer, the intended defendant had timely notice, and there was no non-compensable prejudice.