If you find a road that you commonly use to access your cottage blocked or you are considering blocking other motorists from using an access road which crosses your property, you should understand the effect of the Road Access Act.
When a plaintiff is successful in a lawsuit, they are generally entitled to prejudgment interest (PJI) on their damage award. Prejudgment interest is awarded on any damages incurred between the date the cause of action arose (or written notice of the action was given, if related to an MVA) to the date of the order for payment of money. The Ontario Court of Appeal has written that “[a]wards of pre-judgment interest are designed to recognize the impact of inflation and to provide relief to a successful litigant against the declining value of money between the date of entitlement to damages and the time when damages are awarded.” 1
In November, 2015 the Supreme Court of Canada ruled that a section of the Highway 407 Act was unconstitutional.
The 407 Act allowed the 407 ETR Concession Company to suspend the vehicle permits of people with unpaid toll debts, even after they had declared bankruptcy.
The 407 Company appealed to the Supreme Court after the Ontario Court of Appeal struck down the vehicle permit suspension powers in the 407 Act in December, 2013.
The Ontario Court of Appeal recently mandated a small adjustment to the standard jury charge in rear-end motor vehicle accidents. The court also strongly confirmed that when one car runs into another from behind, the driver of the rear car has the onus to satisfy the court that the collision did not occur as a result of his negligence.
Can the driver’s licence of a person whose licence has been suspended due to an unpaid judgment remain suspended if the driver claims bankruptcy? Two upcoming cases in the Supreme Court of Canada will decide this issue.