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The Federal Court found a correctional officer used unjustified force against Kelsey Stewart, causing facial injuries. It awarded $50,000 for battery and $15,000 for Charter vindication.
Although the defendant engaged in severe delay and failed to take steps promptly to set aside the default judgment, he did not wilfully fail to defend and he demonstrated defences worthy of investigation (including disputed waiver of conditions and mitigation arguments); balancing prejudice and the administration of justice, the interests of justice required setting aside the default judgment and, consequently, the damages order, and permitting the defendant to file a response within 30 days.
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The Court held that the substitutional service order granted by the chambers judge conferred standing on the respondent to apply under R.22-1(3); the chambers judge correctly applied the three Ibrahim factors and reasonably found the respondent was not guilty of willful delay or default, so there was no palpable and overriding error of fact or legal error in setting aside the damages assessment and default judgment (the default judgment was properly set aside under R.3-8(11)).
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The Ontario Court of Appeal dismissed an appeal over production of historic financial statements, holding the order was not barred by limitation and did not require creating new records.
Plaintiff failed to prove on a balance of probabilities that she slipped on a hazard on the Tavern floor or that the Tavern breached its statutory duty; no witness observed any spill and plaintiff's evidence was unreliable and inconsistent (including medical record stating roughhousing); even if a prima facie case were established, the Tavern had a reasonable inspection and maintenance regime; claim dismissed and costs awarded to defendant.
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The court awarded damages for catastrophic TBI from a 2011 truck collision, finding lifelong care needs, a 38-year life expectancy, and significant income and care losses.
Trial judgment in a motor vehicle personal injury claim. The court found the accident caused vestibular injury, headaches, neck pain and anxiety-related adjustment disorder, and awarded damages.
The court found solicitor negligence for missing the limitation period on a wills variation claim and awarded damages based on the lost inheritance, with the fiduciary duty claim dismissed.
A British Columbia court found a minor rear-end collision was a catalyst for the plaintiff’s genuine but multifactorial decline, awarding damages after a 75% contingency discount.
The British Columbia Court of Appeal dismissed appeals and a cross-appeal in a personal injury damages case, upholding awards for past and future loss of earning capacity.
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