Category Archives: FLA

Claims by dependants under s. 61 of the Family Law Act.

FLA Plaintiff Can Be Added After Limitation Period If Main Action Commenced In Time

In Wilson v. Arseneau, 2012 ONSC 2879 (CanLII), Mr. Justice John McDermot held that a statement of claim can be amended to add a claimant under the Family Law Act more than two years after the accident giving rise to the … Continue reading

Posted in Discoverability, FLA, Limitation Periods | Leave a comment

C.A. Says $125,000 is Maximum Award for “Loss of Care, Guidance and Companionship”

In Fiddler v. Chiavetti, the Court of Appeal has held that the current maximum award for the loss of care, guidance and companionship under s. 61 of the Family Law Act, is $125,000. That amount represents the $100,000 award approved … Continue reading

Posted in Damages, FLA, Juries, Trial Procedure | Leave a comment

C.A. Establishes Guidelines for Damages for “Housekeeping Losses”

In McIntyre v. Docherty, the Ontario Court of Appeal considered what principles should govern claims for damages for loss of housekeeping capacity in personal injury actions. The detailed analysis undertaken by the panel is certain to become the standard used … Continue reading

Posted in Damages, FLA | 1 Comment

C.A. Upholds Record Personal Injury Damages Award

Sandhu v. Wellington Place Apartments was one of the largest personal injury damages awards in Canadian history. The Court of Appeal recently dismissed an appeal from the trial decision (other than disallowing most of a $350,000 costs premium). The award … Continue reading

Posted in Costs, Damages, FLA, Insurance News, Juries, Tort News | Leave a comment

Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold

ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading

Posted in Auto, Collateral Benefits, Damages, FLA, Insurance News, Threshold | 1 Comment

Cohabiting

Justice David Little’s ruling in Stephens v. Stawecki makes it clear that, in determining whether a couple has “cohabited continuously for a period of not less than three years”, so as to make them “spouses” under s. 61 of the … Continue reading

Posted in Auto, Damages, FLA, Insurance News | Leave a comment