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 tort personal injury files. Assembled by Sarah Jones and Chris Schnarr, each case is reviewed, briefly summarized, and categorized for easy access.

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September 28, 2020

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Becker v. Toronto (City), 2020 ONCA 607

At age 14 the plaintiff was injured at a community centre operated by the City of Toronto, when a person using the telephone in a staff office broke the glass portion of the office door. The plaintiff was nearby and glass struck her, rendering her legally blind in her left eye. At trial, the judge...

September 11, 2020

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Charlebois v. Charlebois (by his Estate Trustee), 2020 ONSC 5480

The 58 year old plaintiff sued the estate of his older brother for sex abuse that occurred during childhood. The estate was noted in default. Justice Corthorn accepted that the plaintiff had proven his case and awarded general damages of $275,000.00, damages of psychotherapy of $45,000.00, and punitive damages of $25,000.00. The plaintiff had not...

September 4, 2020

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Belton v. Spencer, 2020 ONSC 5327

The plaintiff was injured in a motor vehicle accident in 2010 and commenced an action for damages in 2012. The defendants filed a jury notice. But for the COVID-19 pandemic, the trial would have proceeded in October 2020. The parties were told by the Court in June 2020 that if the action proceeded by judge...

September 1, 2020

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Higashi v. Chiarot, 2020 ONSC 5523

The plaintiff brought a motion to strike the defendants' jury notice on the basis of the pandemic-related delay that would result in bringing the matter to trial with a jury as compared to a judge-alone trial. The Court confirmed that the trial could proceed virtually at any time if it were heard by a judge-alone,...

August 19, 2020

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Lamb v. Co-operators General Insurance Co., 2020 ONSC 4955

The plaintiff was struck by a vehicle while on a scooter. The driver of the vehicle exited and surveyed the damage, but never spoke to the plaintiff. The plaintiff's husband (who was nearby) also did not speak to the driver. A friend of the plaintiff yelled at the driver but did not engage in any...

July 28, 2020

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Thomson v. Watson, 2020 ONSC 4409

The plaintiff was injured in a single-vehicle accident in British Columbia. At the time, he was employed by IC Asphalt, which was based in Alberta and had operations in BC and Alberta. Following the accident, the plaintiff applied for workers compensation in Alberta. He was approved for benefits and received them on an ongoing basis....

July 16, 2020

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Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380

The plaintiff was injured while attempting a backflip at the defendant indoor trampoline park. He sued the facility for damages, alleging that it breached the Occupiers' Liability Act. Before using the facility's equipment, the plaintiff had signed an electronic waiver document at a computer kiosk. The plaintiff's evidence on the motion included that the defendant's...

July 8, 2020

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Scace v. Withers et al., 2020 ONSC 90

The plaintiff homeowner brought a subrogated claim against renovators working on his neighbours home, who caused structural damage to the plaintiffs property. The plaintiff brought a motion to amend the statement of claim to substitute a 'John Doe' contractor with the correct contractor name. The motion was brought more than two years after the loss...

July 8, 2020

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Carmichael v. GlaxoSmithKline Inc., 2020 ONCA 447

The Court of Appeal was asked to interpret s.7(1)(a) of the Limitations Act, 2002, which provides that a two-year limitation period does not run during any time in which the person with the claim is incapable of commencing a proceeding in respect of the claim because of his or her physical, mental or psychological condition....

July 7, 2020

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Moxam v. Anderson, 2020 ONSC 4173

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages against the driver of the vehicle in which he was a passenger at the time (among others). That driver was going through an intersection when he collided in a T-bone fashion with another defendant's vehicle, which had failed to stop...

June 2, 2020

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White v. The Corporation of the Town of Bracebridge, 2020 ONSC 3060

The plaintiff discovered deficiencies in his home and sued the former homeowner/builder and the local municipality for damages arising from breach of the Ontario Building Code and negligence. The defendants crossclaimed against each other. The plaintiff obtained judgment against the defendants. Only some of the damages were subject to joint and several liability as between...

June 1, 2020

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Tuffnail v. Meekes, 2020 ONCA 340

The plaintiff was severely injured in a motor vehicle accident after he and the driver of his vehicle were overserved at a wedding. The trial judge originally concluded that the OPCF-44 defendant, State Farm, was required to pay $800,000.00 (being the $1 million auto insurance limit less the $200,000.00 available from the driver). The Court...

May 29, 2020

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Kelkas v. Kilicaslan et al, 2020 ONSC 3596

The plaintiff commenced three actions in relation to personal injuries arising from a motor vehicle accident: (1) a tort action against the at fault driver; (2) an action against Allstate under the OPCF44; and (3) an action against his former solicitor based on the AB settlement (claiming it was too low). The defendants in all...

May 14, 2020

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Noori v Liu, 2020 ONSC 3049

The plaintiff was injured in a 2013 motor vehicle accident. She alleged to have chronic pain as a result of her injuries. Following the trial, the jury awarded the plaintiff $40,000.00 in general damages. The jury did not award the plaintiff anything for her claims for lost income, loss of competitive advantage, loss of housekeeping...

May 6, 2020

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Stirrett v. Cheema, 2020 ONCA 288

The plaintiff was the wife of the deceased, who died during a cardiac procedure. He was taking part in a clinical research study. The plaintiff sued the doctors who performed the cardiac surgery and the medical researcher who headed up the clinic study. At trial, the jury dismissed the claims against the physicians. The claim...

May 4, 2020

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Arconti v. Smith, 2020 ONSC 2782

The plaintiffs wished to examine the defendant in advance of an approaching mini-trial. Due to social distancing measures in place due to the COVID-19 pandemic, it was not possible for the examination to take place in person. The plaintiffs objected to a videoconference examination and requested a delay in the proceedings until the requirement for...

April 21, 2020

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McNamee v. Oickle, 2020 ONSC 2371

The plaintiff had extensive pre-accidence issues with alcoholism, depression, and pain. She suffered soft tissue injuries in an MVA and alleged that all of her subsequent health issues were caused by the accident. At trial, the jury awarded $30,000 in general damages, $2,500 in loss of housekeeping capacity, $3,900 for massage/physiotherapy treatment, and $240 for...

April 21, 2020

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Girao v. Cunningham, 2020 ONCA 260

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages. At trial, the jury awarded $45,000 in general damages and $30,000 in loss of income. The trial judge found that the plaintiff did not meet the threshold and that the accident benefits paid out reduced the income loss award to...

April 3, 2020

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Mundinger v. Ashton, 2020 ONSC 2024

At trial the plaintiff in this MVA action failed to recover any damages after application of the statutory deduction, and deduction of accident benefits. The defendant sought and was awarded $160,000 in costs. The plaintiffs primary argument was that her adverse costs insurance only covered up to $100,000. Justice Charney rejected that fact as being...

March 25, 2020

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Beniuk v. Leamington (Municipality), 2020 ONCA 238

The plaintiffs are homeowners in the municipality of Leamington. They allege that their home suffered property damage as a result of increased truck traffic on the road near their home. They argued, among other things, that s.44 of the Municipal Act applied and the municipality was liable for damage to the home. The claim was...

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smilne@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP