Loss of Housekeeping 2019

Two recent decisions yield two different approaches by the Courts as it pertains to loss of housekeeping capacity. In the first example, the Court rejected the claim for  loss of housekeeping as a separate head of damage and addressed this loss under the non-pecuniary award. In the second example, the Court was satisfied that a […]

Read more "Loss of Housekeeping 2019"

Cost of Future Care 2019

It is always useful to review the test to determine whether an award under the heading of costs of future care is appropriate. A recent decision awards the Plaintiff $64,371 for cost of future care and I quote from this decision the Court’s comments: [412]     Claims for cost of future care need to be medically justified […]

Read more "Cost of Future Care 2019"

The Innocence Project

When there’s a purpose, you will find passion. What an engaging discussion last night at the Law Courts’ Inn with Tamara Levy, QC who spoke to us about the Innocence Project in both Canada and the United States. Tamara Miriam Levy graduated from Osgoode Hall Law School in 1996 and has since built a career […]

Read more "The Innocence Project"

Adjudicative Independence

A recent Court of Appeal for Ontario decision has affirmed a Divisional Court’s decision in favour of the Plaintiff setting aside a LAT’s decision that the Plaintiff had not met the threshold test for “catastrophic impairment”.  A new hearing has been ordered. The Court of Appeal states:  While it made no finding of any actual […]

Read more "Adjudicative Independence"