Personal Injury | Davidson Cahill Morrison LLP

Navy title card reading "Major Changes to Ontario Accident Benefits, What the July 1, 2026 reforms mean for you," from Davidson Cahill Morrison LLP (dcmlaw.ca).

Ontario’s Auto Accident Benefits Change Today: What the July 1, 2026 Reforms Mean for You

Davidson Cahill Morrison LLP July 1, 2026

As of July 1, 2026, most of Ontario’s auto accident benefits are no longer automatic. Only medical, rehabilitation, and attendant care remain mandatory, while income replacement and most other benefits become optional coverage you have to buy. Here is what changed under Ontario Regulation 383/24, who may lose access, and what every driver should do at renewal.

The High Cost of Unreasonable Conduct: Why a “Hardball” Litigation Strategy is a Costly Gamble

Peter Reinitzer September 9, 2025

Offer nothing, force the plaintiff to finance a trial, and hope they fold: it is a familiar defence gamble, and a growing line of Ontario cases shows how badly it can go. In Barry v Anantharajah, 2025 ONCA 603, a defendant who never made a monetary offer faced a costs award reported to dwarf the plaintiff’s modest $16,160 recovery. The Court of Appeal’s message is plain: a reasonable offer, even a small one, is a vital tool for managing litigation risk.

Ontario Court of Appeal Upholds $1.5 Million Jury Award in TTC Bus Collision Case

Margaret Klassen August 18, 2025

A pickup truck stopped in traffic, a rear-end collision with a TTC bus, and a jury award topping $1.5 million for chronic pain and lost earning capacity. On appeal, the defendants attacked the trial judge’s jury charge on causation, apportionment, and past income loss. In Meldazy v Nassar, 2025 ONCA 590, the Court of Appeal found no error and dismissed the appeal, a reminder that an appeal is not a second trial.

A Green Light for Pierringer Deals: How the Court in Cadieux Emboldens Settling Parties

Peter Reinitzer June 9, 2025

The Court of Appeal for Ontario has again signalled how strongly the law favours settlement, even where a non-settling party may face real prejudice. In Cadieux v Cadieux, arising from a catastrophic multi-vehicle collision involving two children, the court treated the finality offered by tools like Pierringer Agreements as the priority, leaving co-defendants to manage their own exposure to joint and several liability rather than looking to the court for protection.

Rule 53.03 and Opposing Late-Filed Expert Reports

Hudson Chalmers June 2, 2025

A March 2022 amendment quietly raised the bar for litigants who serve their expert reports late. Where the old rule granted leave almost as of course, the party at fault must now show a reasonable explanation and the absence of uncompensable prejudice or undue delay. Three years of Ontario rulings show the courts taking the change seriously, which makes opposing a late report a tactic well worth considering.

Court of Appeal Upholds Nearly $1 Million in Costs Following Jury Trial in Pye v Di Trapani

Margaret Klassen May 13, 2025

An 18-day jury trial, a damages award just over $1 million, and a costs award of nearly the same amount: the defendants said the trial judge had failed to test the plaintiff’s costs for reasonableness and proportionality. In Pye v Di Trapani, 2025 ONCA 355, the Court of Appeal disagreed, reaffirming the broad discretion trial judges hold over costs and the powerful role a Rule 49 offer plays in the result.

Welcome Changes to the Rules of Civil Procedure

Hudson Chalmers April 11, 2025

“Justice delayed is justice denied.” Few principles are repeated more often, yet civil cases in Ontario routinely take more than five years to reach trial. The Civil Rules Review, launched by the Attorney General and the Chief Justice, released its Phase 2 Consultation Paper in April 2025 with proposals to make civil proceedings faster, more affordable, and more accessible. A look at what the changes could mean for plaintiffs and defendants alike.

Electric Vehicle Fire Risk in Car Accidents

Davidson Cahill Morrison LLP October 24, 2024

After a fatal Tesla crash on Toronto’s Lake Shore Boulevard, this post examines the fire risk that can follow a serious electric vehicle collision. It looks at how lithium-ion batteries and thermal runaway behave in a crash, the safety questions these vehicles raise, and what accident victims should keep in mind.

Don’t Slip Up: Why Hiring a Lawyer is Critical after a Slip and Fall

Davidson Cahill Morrison LLP October 21, 2024

Slip and fall accidents can look routine and still cause serious injury and financial loss. In the 2024 case of Ranger v Triovest, a winter fall in a crosswalk near a Walmart led to joint liability against the property manager and its maintenance contractor under the Occupiers’ Liability Act, with no contributory negligence found. The decision shows why experienced counsel matters when negligent winter maintenance is in issue.

Personal in a wheelchair with the title of the blog post

How Long Does A Personal Injury Lawsuit Take To Settle?

Paul Cahill August 9, 2024

One of the most common questions injured clients ask is how long their case will take to settle. This post walks through every stage of a personal injury or medical malpractice lawsuit, from investigation and pleadings through discoveries, expert reports, mediation, pre-trial, and trial, with a realistic time estimate for each.