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Posts Tagged: motion

Coverage Denial for Highway 417 Accident: Lending Car to Unlicensed Driver

The Issue: If you lend your car to someone who doesn’t have a proper driver’s license, who then gets into a car accident, are you (as owner) denied coverage from the resulting lawsuit by the other driver who was hurt in the accident?

This Case Situation

In this recent case, a 23 year old bank employee lent his vehicle to his girlfriend, with whom he had been together with for 5 months.

Unfortunately, the girlfriend got into a car accident, at which point it was revealed to the boyfriend (car owner) that she only had a G1 driver’s license, which was a restricted learner’s driver’s license.… Continue Reading

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Service of Statement of Claim 6 Years After Burlington Highway MVA: Relief Denied

The Issue: With multiple defendants, one of whom was not easy to locate and was not served, the lawsuit moved forward.

Then with further developments, it became important to locate and serve the ‘missing’ defendant, 6 years after the car accident.

Can a plaintiff obtain an extension of time (from the usual 6 months) to serve the Statement of Claim, to 4 years after the Statement of Claim was issued?

This Case Situation

A pedestrian died after being hit multiple times by various motor vehicles on the QEW near the City of Burlington.… Continue Reading

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Adding PTSD To Your Claim > 3.5 Years After a Thunder Bay Car Accident

The Issue: Can a husband, not involved in the car accident nor present at the crash site, develop PTSD as a result of the shock and emotional upset of his wife being involved in this very serious accident and dying shortly thereafter from her injuries?

Can that husband add the PTSD claim to his Statement of Claim, by amendment, some 3.5 years after the car accident?

Why This Matters

When a person is involved in a car accident, it is a common sequelae for many victims in Ontario to suffer from emotional anxiety and distress and, in the course of seeking medical treatment, a diagnosis of PTSD (post traumatic stress disorder) is fairly common.… Continue Reading

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Toronto Dog Attack: Motion to Dismiss Denied

The Issue: In Ontario, dog owners have responsibility to manage their dogs in public and to ensure the safety of other people, primarily by leashing and controlling their dogs while outdoors. There is legislation, called the Dog Owners’ Liability Act which imposes statutory responsibilities against owners.

Why This Matters

Dog owners should have a homeowner’s insurance policy which protects them if their dog bites or attacks someone or, inadvertently while playing with another dog, causes injury or frightens another person.


This Case Situation

In the case of Elbaum v.Continue Reading

Administrative Dismissals: Trouble for Plaintiff Solicitors

The Issue: As part of the overall case management system by the Court, the administrative dismissal system has created another timeline for busy plaintiff solicitors to manage.

Why This Matters

The advent of administrative dismissals, and recent caselaw illustrating the importance of dealing with these notices (and dismissals) quickly, has led to a spate of challenges by defence counsel when an administrative dismissal is issued by the Court.

Such was the situation in this recent contested motion to set aside an administrative dismissal in the face of an action which was active at the time the administrative order was issued: Cundle v.… Continue Reading

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It’s OK When Insurers Fight Over Our Case: Markham Slip and Fall on Icy Sidewalk > Broken Ankle

One of our cases recently came to a hard fought motion wherein the two insurance companies defending our client’s lawsuit were arguing over whether there was a duty to defend under the policy of insurance as between the two insurers. This case involved our client who unfortunately was badly hurt after a slip and fall on a Markham city sidewalk, suffering a nasty fractured ankle requiring surgery and extensive hardware: Zhou v. Town of Markham: Zhou v. Town of Markham, 2014 ONSC 435 (CanLII).Continue Reading

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