Is a trial judge’s decision in a personal injury case entitled to deference?

Ontario, Canada


The following excerpt is from Tobey v. Loranger, 2020 ONSC 4669 (CanLII):

In my view, the Reasons of the trial judge make it clear that he correctly understood the legal principles to be applied. If a party expects to benefit from the protection of limited corporate liability then others must be informed in a reasonable manner that they are dealing with a corporation and not an individual (see also Dhillon v. Stewart, 2018 ONSC 4004 at para. 14). Having correctly understood the applicable law, the trial judge’s application of the facts to the law is entitled to deference (See para. 37 of the Housen decision, supra).

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