Weiss v Worker’s Compensation Appeal Tribunal, 2021 BCSC

 

If you handle WC claims in BC, you need to read this one. The petitioners seek to overturn a decision by the Workers’ Compensation Appeal Tribunal that concluded that Anna Weissova was not acting in the course of her employment when she was injured in a car accident.

 

Eaglestone v Intact Insurance, 2021 BCSC

 

The plaintiff wishes to add two defendants, namely Northern Interior Insurance Adjusters Ltd. (“NIIA”) and Western Financial Group (Network) Inc. (“WFG”) in relation to a fire claim.

 

Greig v. Desjardins Financial Security Life Assurance Company, 2021 BCCA

 

The appellant, Desjardin Financial Security Life Assurance Company, appeals the order of Young J., dated October 15, 2019, awarding to the respondent, Dennis Grieg, $250,000 in aggravated and punitive damages. The respondent’s claim arose from the appellant’s handling of his claim for long-term disability benefits.

 

Galloway v A.B, 2021 BCSC

 

The plaintiff sued the defendants, for defamation since she was suspended following A.B.'s complaint, and others, to University of British Columbia that the plaintiff had sexually harassed and sexually assaulted her.

Albert Bloom Limited v. London Transit Commission, 2021 ONCA

 

Discusses, inter alia, the limitation period for contribution and indemnity claims. Actual knowledge vs constructive knowledge.

 

Memelli v. Bhandal, 2021 ONSC

 

This is a refusals motion brought by the defendant. The case arises from a 2017 motor vehicle accident. The dispute centers around the relevance of a 2003 accident. The plaintiff injured his back in both accidents.  The plaintiff argues that the 2003 accident is irrelevant because he recovered from it.

 

Dorion v. Ecodevelopments Windsor Inc., 2021 ONSC

 

A defendant who has been noted in default ... is deemed to admit the truth of all allegations of fact made in the statement of claim. The plaintiff, Rick Dorion, moves for default judgment against the defendant, Ecodevelopments Windsor Inc. (“Ecodevelopments”), pursuant to rule 19.05 of the Rules of Civil Procedure,[1] for damages arising out of a slip and fall accident that occurred on December 23, 2013.

 

Hategan v. Farber, 2021 ONSC

 

An interesting defamation action alleging, inter alia, injurious falsehood, civil conspiracy and negligence. Also discusses permanent injunctions in relation to defamation actions.

 

Butler v. Go Transit, 2021 ONSC

 

In relation to a slip & fall incident, the Defendants Metrolinx, CSL Group Ltd., and New Nature Inc. bring this motion for summary judgment, dismissing this action as against them, with costs. This action arose as a result of a slip and fall that took place at approximately 8:00 p.m. on December 19, 2016 at the Georgetown GO Station, located at 55 Queen Street in Georgetown, Ontario.

 

Shorey v. Sesco Design/Build Inc., 2021 ONSC

 

The Plaintiffs allege that the fire originated in the living room and was caused by the spontaneous combustion of stain-soaked rags left by the Defendant painter who had been staining the basement stairs the day before.   The Defendants deny that the fire was caused by the painter’s actions and take the position that the cause of the fire is undetermined.

 

Theralase Technologies Inc. v Lanter, 2021 ONSC

 

A default judgment case on defamatory posts over the internet. Discussions on setting aside the default judgment and what factors are looked at.

 

Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2021 ONSC

 

The defendant K.S.P. Holdings Inc. moves to stay or dismiss the action on the basis that the plaintiff and co-defendant Secure Capital Advisors Inc. failed to disclose immediately a settlement agreement under which Secure reversed its pleaded position, switched sides, and joined cause with the plaintiff. The issue on the motion is whether disclosure of most of the settlement terms three weeks after the agreement was finalized was disclosure as soon as the agreement was made. The answer is self-evident in the question: “No”.

Champoux v. Jefremova, 2021 ONCA

 

This is an appeal of the dismissal of a medical malpractice claim. The trial’s focus was whether the respondent, Ljudmilla Jefremova, breached the standard of care of a reasonable and prudent doctor when she treated Penny-Lee Champoux. The trial judge found that Dr. Jefre mova met that standard of care and dismissed the claim in its entirety. New trial ordered.