martin v. fleming -cdl endorsement

Ontario Court of Appeal granted CDL status to intervene in the above case regarding how many “deductibles” apply when the same plaintiff sues as a result of 2 or more accidents. CDL’s brief is being prepared and will be argued by Derek Abreu of Bell Temple in Toronto. At first instance, the Court held that each defendant is entitled to the benefit of the immunity from suit (for the first $30,000 of non-pecuniary damages), known colloquially as the “deductible”. The plaintiff has appealed and their position will be supported by the Ontario Trial Lawyers Association, who have also been granted leave to intervene. The appeal has been rescheduled to Jul 31, 2012. Advocacy before the Courts on matters of importance to our members (and our clients) is part of CDL’s mandate. We welcome suggestions from members as to cases where CDL might have an important perspective to assist the Court.