Category Archives: Damages

Principles relating to the assessment of damages.

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

“Presumption” that Commercial Plaintiffs Entitled to Compound Interest?

We recently ran across an interesting decision of Mr. Justice Frank Newbould, dealing with the issue of whether prejudgment interest should be compounded. In Enbridge Gas. v. Michael Marinaccio et al, 2011 ONSC 4962 (CanLII), he held that it should be. … Continue reading

Posted in Commercial Litigation, Contract, Damages, Practice and Procedure | 1 Comment

CPP and HOOP Benefits Held Not Deductible from Income Loss Damages

In Demers v. B.R. Davidson Mining & Development Ltd., Mr. Justice Douglas C. Shaw has held that, for the period November 1, 1996 to September 30, 2003, CPP benefits are not deductible from an award of tort damages in a … Continue reading

Posted in Collateral Benefits, Damages | 2 Comments

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. Clarifies Requirements for Non-earner Benefits

It was apparent from its ruling yesterday in Heath v. Economical Mutual Insurance Company, that the Court of Appeal was not very impressed with the trial decision of Mr. Justice John C. Kennedy. The plaintiff had been involved in a rear-end … Continue reading

Posted in Auto, Collateral Benefits, Insurance News | Leave a 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

C.A. Upholds Big SABS Judgment

This week, the Court of Appeal released its ruling in Monks v. ING Insurance Company of Canada. This was a claim for statutory accident benefits brought by, ironically, a woman who, prior to her injury, had worked in the insurance industry. … Continue reading

Posted in Auto, Collateral Benefits, Insurance News | 6 Comments

Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?

In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading

Posted in Auto, Collateral Benefits, Discovery, Insurance News, Practice and Procedure, Privacy, Privilege | 2 Comments

Plaintiff Severely Injured in Two Accidents Can’t Recover Aggregate Non-pecuniary Damages in Excess of S.C.C. “Cap”

Broadbent v. Greater Toronto Transit Authority is another case involving a plaintiff injured in multiple accidents. Mr. Justice Moore had to deal with several interesting issues. He discussed the appropriate way to approach the assessment of damages in cases involving … Continue reading

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