Commercial/Tort Case Law Summaries

Thomas Gold Pettingill LLP is pleased to provide this online resource to our clients. Below is a searchable database of key cases impacting the defence of commercial and tort litigation. Assembled by Sarah Jones, Natasha O'Toole, and Chris Schnarr, each case is reviewed, briefly summarized, and categorized for easy access.

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December 31, 2022

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Antony v. Kumarasamy, 2022 ONSC 6619

Less than a month before a scheduled trial, the plaintiff in an MVA personal injury action accepted an offer to settle from the statutory third party for $85,000 plus interest, disbursements, and costs to be agreed upon or assessed. The parties were unable to agree on costs and the plaintiff brought a motion for a...

December 31, 2022

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Tryon v. Packham, 2022 ONSC 7210

This personal injury MVA action was dismissed by a jury following a 13 day trial. The jury concluded that the defendant was not negligent despite having rear ended the plaintiff. The jury accepted that the accident was caused due to the defendant's sudden seizure. The jury further held that it was reasonable for the defendant...

December 15, 2022

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Ontario Court rules against insurer in claim by estate of teen killed in Iranian plane crash

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc: Ontario Court rules against insurer in claim by estate of teen killed in Iranian plane crash - The Lawyer's Daily (thelawyersdaily.ca) An insurer was recently ordered to pay a death benefit of $100,000 to the estate of a teen killed...

November 30, 2022

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Strilchuck v. Tecumseh (Town of), 2022 ONSC 5841

This personal injury action arose from a slip and fall that occurred on a sidewalk owned by the defendant municipality. The plaintiff was walking her dog and slipped on stones laying on the sidewalk. The defendant brought a summary judgment motion seeking to have the action dismissed. The plaintiff brought a motion in the alternative...

November 30, 2022

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Raskin v Stepanyan, 2022 ONSC 6247

The plaintiff sued the defendants for damages arising from a fall at the side entrance of a house. One of the defendants ran a dental practice at the premises, and the plaintiff attended as a patient. The defendants did not ever respond to the claim though properly served, and were noted in default. The plaintiff...

October 31, 2022

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Diebold v. Economical Mutual Insurance Company, 2022 ONSC 5592

In this personal injury action arising from a motor vehicle accident, the parties moved under Rule 21 for a determination before trial as to the deductibility of an LTD settlement from any damages awarded for loss of income. The plaintiff agreed that LTD benefits paid under the policy were deductible from income loss, but argued...

October 31, 2022

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Rowe v. 1225064 Ontario Limited, 2022 ONSC 5036

The defendant winter maintenance contractor moved to dismiss the plaintiff’s action on the basis of a limitations defence. The plaintiff slipped and fell in a parking lot at a No Frills. She sued the property owner within the 2 year limitation period, but issued the action against the winter maintenance contractor 2 years and 9...

September 30, 2022

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Kolapully v. TTC et al., 2022 ONSC 5473

The plaintiff was injured when she was struck by a TTC bus as a pedestrian. She required emergency surgery to repair a left ankle fracture, and also suffered a mild concussion, fracture of the left tibia, and fractures of the left and right fibular heads. She argued that her injuries led to post-traumatic osteoarthritis, chronic...

September 30, 2022

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Rumsey v. Auricchio, 2022 ONSC 3674

The plaintiff sustained soft tissue injuries in a left-turn motor vehicle accident wherein the turning plaintiff was struck by the defendant travelling straight. Following a trial, the jury found the plaintiff 75% at fault, and the defendant 25% at fault. The jury awarded the plaintiff $40,000 in general damages, $147,700 for past loss of income,...

September 30, 2022

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Alison Braks v. Dundeal Canada (GP) Inc, 2022 ONSC 3978

The plaintiff was injured in a slip and fall at her work’s office tower while exiting an elevator. The floor was slippery due to a cleaning product being sprayed onto the elevator doors deflecting and landing on the granite floors. The occupier did not have a system or policy for cleaning floors after cleaning the...

September 21, 2022

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Butterfield v. Intact Insurance Company, 2022 ONSC 4060

Background The Applicant Brett Butterfield suffered a psychotic episode while visiting a firearms store in 2019. He formed the delusional belief that the store owner, Mr. Carr, had raped and murdered his female friend. Feeling threatened, Mr. Butterfield left the store, retrieved a hunting knife, and upon re-entry began stabbing the store owner in the...

August 31, 2022

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D’Eon v. Hosseini, 2022 ONSC 4397

The defendant in this MVA personal injury action wished for the plaintiff to be assessed by certain damages experts. Plaintiff’s counsel did not agree to have the plaintiff examined by the proposed expert neurologist, psychiatrist, physiatrist, and vocational specialist. The defendant brought a motion to compel the plaintiff to attend with these experts. In the...

August 31, 2022

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Moskowitz v. Detox, 2022 ONSC 4063

The plaintiff was injured in an exercise class while using a bouncing air-filled ball for a slam ball exercise. Following a trial, Justice Brown held that the defendant fitness club met the applicable standard of care. First, the slam ball exercise was not inherently dangerous or complicated. The use of an air-filled ball for the...

August 31, 2022

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Salguiero et al. v. Instant Brands Inc. et al., 2022 ONSC 4345

This action arises from personal injury related to a pressure cooker. The plaintiff sued Amazon, Instant Brands, and GD Midea. GD Midea was the manufacturer of the pressure cooker and was located in China. GD Midea’s insurer was aware of the claim and had appointed counsel, but argued that because service was not done in...

August 31, 2022

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Solak v. Brantford Police Services Board, 2022 ONSC 4025

The plaintiff was shot by two police officers while in an alleged mental crisis. The plaintiff and FLA claimants sued the two police officers, three police chiefs, and various John Doe police officers. The plaintiffs claimed damages, including punitive and aggravated damages. The defendants moved to strike the claims against the police chiefs and the...

June 30, 2022

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Emmanuel et al. v. RBC General Insurance Co. et al., 2022 ONSC 1718

The plaintiff was injured as a pedestrian, when she was struck by an unidentified truck in November 2014. She sustained a mild concussion and soft tissue injuries. Following a trial, a jury awarded her $75,000 in general damages, and awarded her husband $10,000 in damages pursuant to the Family Law Act. The plaintiff was found...

June 30, 2022

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Waller v. Brown, 2022 ONSC 3510

The plaintiff was injured in a motor vehicle accident in 2015. A judge-alone trial proceeded on damages only. The plaintiff was 46 at the time of the accident, and was 52 at the time of trial. She suffered chronic pain syndrome and became highly dependent on medications and alcohol to alleviate her pain. She attempted...

May 31, 2022

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Thomas v. Aviva, 2022 ONSC 1728

The plaintiff was injured in a motor vehicle accident and brought a personal injury action. The initial statement of claim in 2018 sought $1 million in damages. The defendant insurer had limits of $200,000 for unidentified motorist coverage. The insurer filed a jury notice with its statement of defence. In 2021, the plaintiff brought a...

May 31, 2022

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Sean Omar Henry v. Dr. Marshall Zaitlen, 2022 ONSC 2718

The defendant physician was found negligent by a jury. The plaintiff was awarded damages, which included damages for past loss of income. The defendant brought a motion to deduct the LTD and pension contribution benefits the plaintiff had received, from the award of damages for past loss of income. Justice Sanfilippo dismissed the motion, holding...

May 31, 2022

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Lewis v. 3414493 Canada Inc., 2022 ONSC 2769

The plaintiff was injured in a slip and fall. The plaintiff was a resident of the apartment that owned the parking lot where she fell. Her lease contained a waiver of liability in favour of the apartment owners and property managers. The plaintiff brought a motion seeking a determination as to whether the landlord defendants...

April 29, 2022

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Gray v. Sobel Adjusting Solutions, 2022 ONSC 2260

The plaintiff’s home was damaged in a fire and she made a claim to her home insurer, Allstate. The plaintiff and Allstate settled the claim. The plaintiff was later unhappy with the settlement, and (together with her husband) commenced an action against Allstate and adjusting company, Sobel, alleging that the settlement was unfair. Allstate and...

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Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1850

smilne@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP