Category: Publications

Author: Kris Bonn Law360 Canada (July 16, 2024, 10:52 AM EDT) — The Ontario Court of Appeal recently released a decision, Johnson v. Lakeridge Health Corporation et al., 2024 ONCA 291, that touches upon the important issues of causation and expert evidence. The case went to trial before Justice Joseph Di Luca in November and December 2022. Justice Di Luca released the decision on May 1, 2023, dismissing the plaintiffs’ claim for failing to prove causation. At the time of

Author: Kris Bonn (October 13, 2022, 11:58 AM EDT) — Anyone involved in the civil justice system in Ontario understands delay, with most cases taking many years to resolve. I was called to the bar in 2002 and in my 20 years of practising litigation, I’ve found that getting a case to trial usually takes four to six years from the date the statement of claim is filed. It wasn’t always this way and it doesn’t have to be this

By Kris Bonn Law360 Canada (September 27, 2024, 10:57 AM EDT) — Ever since the Ontario Court of Appeal released MacLeod v. Marshall, 2019 ONCA 842, judges of the Superior Court have struggled with the pre-judgment interest rate for non-motor vehicle collision personal injury cases. Two recent decisions from the Court of Appeal put an end to any question that the presumptive pre-judgment interest rate for non-pecuniary damages is five per cent. The same panel of Justice Lois Roberts, Justice