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, Natasha O'Toole, and Chris Schnarr, each case is reviewed, briefly summarized, and categorized for easy access.
In Moore Equipment Ltd. v. Temple Insurance Company, Justice Smith considers an insurer’s duty to defend and indemnity an “Unnamed Insured.” In this case, the applicant, Moore Equipment Ltd. (“Moore), leased a Skyjack scissor lift to Bondfield Construction Company Limited (“Bondfield”) to be used on a construction project to install solar panels on the roof...
This action arose from a motor vehicle accident. The defendants admitted liability, and at the 22-day jury trial on damages the jury awarded the primary plaintiff $40,000 in general damages and $0 in special damages. It awarded the FLA plaintiff $0. On the defendants’ threshold motion following trial, the general damages claim was dismissed. Before...
This property loss action was commenced under Ordinary Procedure in the Superior Court. On the eve of trial, the plaintiff sought to amend the claim to have the action converted to Simplified Procedure. The defendants argued that the claim should have been brought under Simplified Procedure at the outset, and sought costs associated with having...
The plaintiff underwent jaw surgery in 2004. She commenced a personal injury action in February 2020. The defendants brought a motion for summary judgment, arguing that the action was statute-barred by operation of the Limitations Act. Justice Diamond reviewed the law regarding the absolute 15-year limitation period and the exceptions to it for willful concealment...
The plaintiff was injured at a municipal pool when the defendant Singh made physical contact with her. The defendant Singh is severely autistic and required supervision and medication. The plaintiff sued Singh, the school board, the municipality, and Singh’s caregiver (his grandmother). he caregiver was not with Singh when the incident occurred, but it was...
Justice Nordheimer of the Ontario Court of Appeal overturned the summary judgment decision of the motion judge to dismiss a Defendant from the action. General Facts In this case, the Plaintiffs brought an action with respect to an altercation that occurred at the premises of the Defendant, Calypso Theme Waterpark. One of the Defendants acknowledged...
In a recent “David vs. Goliath” decision, Justice Zarnett of the Court of Appeal upheld a Superior Court motion judge’s decision to decline awarding costs to the Defendant for the successful defence of a slip and fall claim. General Facts The Plaintiff brought an action against the retirement home where she resided for negligence and...
The plaintiff tripped on a pothole on a pedestrian crosswalk on January 2, 2018, and sued the City of Toronto for damages. Notice of the claim was served on the City on March 22, 2018. By the time it received notice, the City had filled the pothole as part of a standard remediation program. It...
The plaintiff was injured in a motor vehicle accident and sued the driver of the at-fault vehicle for damages. The defendant initiated a third party claim against a party who was alleged to have contributed to the accident due to road rage. The plaintiff and the defendant settled the main action. A trial proceeded with...
The plaintiffs in this motor vehicle accident case moved to amend the statement of claim to add parties after the presumptive two year limitation period had passed. Specifically, the plaintiff sought to add the owners/occupiers of a property adjacent to the accident location, alleging that foliage and signage blocked the view of motorists at the...
The plaintiff taxi licensees sought to bring a class proceeding against the City of Toronto for economic losses they claimed to have suffered due to the City’s alleged failure to enforce its by-laws against Uber and other similar private transportation companies. Justice Perell dismissed the motion for certification on the grounds that the claim did...
The plaintiff was an Ontario resident when he was injured by a Michigan resident, in Michigan. The plaintiff sued the defendant in Ontario, and did not initiate any proceedings in Michigan. The defendant brought a motion to dismiss or stay the action against her on the grounds of want of jurisdiction or, alternatively on the...
The plaintiffs sued the defendant doctors for alleged medical malpractice in relation to late-diagnosis of a condition that resulted in cognitive and physical disabilities. After a lengthy jury trial, the jury found that the defendants met the standard of care and dismissed the action. The plaintiffs appealed, seeking a new trial on the basis that...
In the case of Barker v. Barker, Justice Morgan outlines the harm suffered by the 28 plaintiffs who were patients at the Oak Ridge Division of the Penetanguishene Mental Health Centre from the mid-1960s until the early 1980s. The plaintiffs brought an action against the individual physicians as well as the Government of Ontario for...
Justice Perell’s reasons in Poirier v. Logan outline the importance of prompt disclosure of settlement agreements that change the landscape of the litigation. In this action, the Plaintiff had made a Settlement Agreement with one of the Defendants, but not all of them. Neither Plaintiff’s counsel nor the Defendant in question immediately disclosed the settlement...
The plaintiff was injured in a motor vehicle accident on Highway 401 and sued the owner and the operator of the vehicle that struck him for damages. The defendants issued a third party claim against the Province of Ontario. Nearly five years after Province delivered its defence, the defendants sought to add the contractor hired...
The plaintiff fell on a sewer grate hole and sued the City of Kingston for damages. The City brought a summary judgment motion, in which it relied on an expert report which concluded that the sewer grate met the applicable Ontario Provincial Standards Drawing when it was installed in 2001. Justice Rogers dismissed the motion,...
The plaintiff, his wife, and their three children were injured in a motor vehicle accident. They all commenced litigation. The plaintiff was driving at the time of the accident, so he had different counsel than his wife and children. The plaintiff initially claimed for only his own injuries/damages. The wife and children claimed for their...
This action arises from a motor vehicle accident. The statement of claim was issued in September 2016 and sought damages in the sum of $750,000.00. In February 2021 the plaintiff brought a motion seeking for the trial to proceed under Rule 76 Simplified Procedure, and to strike the jury. The plaintiff argued that his injuries...
The plaintiff was injured at his commercial horse stable. He alleged that his injuries were caused by the defendant’s horse, which he had been hired to stable and care for. The plaintiff had no memory of the incident and there were no witnesses to it. He was found on the ground with blood dripping from...
The Ontario Superior Court of Justice recently released the decision of Polgampalage v. Devani, where Justice Myers dismissed a consent motion to move a trial from Windsor to Toronto. Justice Myers noted that the affidavit drafted in support of the motion failed to provide the evidence necessary in order to meet the requirements of Rule...
