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…
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…
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…
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…
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…
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…