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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September 15, 2021

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Brewer v. Canada Corp No. 343827-9, 2021 ONSC 5428

In Brewer v. Canada Corp No. 343827-9, Justice Bell of the Superior Court of Justice considered the merits of a motion for security for costs as a result of a Plaintiff being a resident outside of Ontario. Justice Bell ultimately decided that the Plaintiff was required to post security and that they shall not take...

September 14, 2021

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Corner Brook (City) v. Bailey, 2021 SCC 29

The Supreme Court of Canada heard the matter of Corner Brook (City) v. Bailey in March of 2021. This appeal centered on the proper approach to interpreting the scope of a release and whether or not there is an interpretive rule that applies specifically to releases. Facts In March of 2009, the respondent, Mrs. Bailey,...

August 31, 2021

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Rumney v. Nelson, 2021 ONSC 5632

This personal injury action arose from a motor vehicle accident. The plaintiff sought pre-trial orders excluding surveillance, striking the jury notice, and notifying the jury of the deductible. Justice Fowler Byrne agreed to conditionally strike the jury (subject to jury availability when the trial began). With respect to the surveillance, Justice Fowler Byrne rejected the...

August 31, 2021

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Massaroni v. Yum! Brands Inc., 2021 ONSC 5460

The plaintiff was injured while taking a shortcut between two commercial properties, when she tripped over a curb/retaining wall dividing the properties. She sustained fractures in her foot and ankle. The defendants brought a summary judgment motion seeking dismissal of the action on the basis that they met the applicable requirements under the Occupiers’ Liability...

August 31, 2021

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Adler v. Promenade General Partner Inc., 2021 ONSC 5393

The plaintiff slipped and fell in a walkway of Promenade Mall near the food court. She alleged that she fell because her shoe became stuck on something sticky on the walkway. She suffered significant injuries, including fractures to her face, skull, and left kneecap. There were no photographs or other objective evidence showing any sticky...

August 31, 2021

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Sorbam Investments Ltd. v. Litwack, 2021 ONSC 5226

The primary issue in this case was whether a property owner who was not the “spiller” of chemicals could be liable for the migration of the contaminants onto a neighbouring property where it had knowledge of and allowed the migration to continue. The plaintiff was the former owner of a commercial property in Ottawa. It...

August 10, 2021

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Kyrylenko v. Aviva Insurance Canada, 2021 ONSC 4929

Justices Swinton, Corbett, and McKelvey of the Superior Court of Justice heard the appeal of Kyrylenko v. Aviva Insurance Canada from the decision of the License Appeal Tribunal (“LAT”) denying treatment plans for the appellant under section 38 of the Statutory Accident Benefits Schedule (“SABS”). The issue in this appeal is whether the adjudicator erred...

August 6, 2021

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Diperri v. The Wawanesa Mutual Insurance Company, 2021 ONSC 4680

In Diperri v. The Wawanesa Mutual Insurance Company, Justice Myers of the Ontario Superior Court stayed the action and required the plaintiffs to advance their claim by way of appraisal under s.128 of the Insurance Act RSO 1990, c I.8. Background The plaintiff’s home suffered a water loss on July 8, 2013. The defendant, Wawanesa...

July 30, 2021

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Fernandez v. Toronto (City of), 2021 ONSC 5106

The plaintiff slipped on snow/ice on a walkway near a construction site for the City of Toronto’s extension of the TTC subway system. She had witnessed contractors cleaning snow in the area just before walking through the walkway. She slipped and fell on what she believed to be a snow-covered patch of ice. The plaintiff...

July 30, 2021

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Miller et al. v. Canadian National Railway et al., 2021 ONSC 4806

The plaintiff was injured when he fell 15 feet into a rocky creek bed while taking a shortcut over a railway trestle. He sustained serious injuries and sued Canadian National Railway (which owned the railway lands) and the City of Quinte West (which conducted certain lawn maintenance on adjacent land). The plaintiff sued the City...

July 30, 2021

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Haji v. Infinity Health Centre, 2021 ONSC 5077

The plaintiff was a physiotherapist at the defendant’s clinic. In the course of work, she was shocked by a frayed plug on an electrical adjustable bed. She alleged that she suffered chronic pain, concussion, headaches, neck pain, sleep difficulties, and poor concentration due to the incident. She sued the defendant for damages and her parents...

June 30, 2021

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Dagenais v. Slavko, 2021 ONSC 3415

This action arises from a motor vehicle accident. The defendant driver, Pellerin, was employed by the defendant Slavko Concrete Finishing at the time. Pellerin’s employment was governed by a collective agreement. On January 31, 2013, Slavko sent Pellerin and other tradesmen to finish pouring concrete at a site in Petawawa. Pellerin lived in Ottawa. The...

June 30, 2021

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McAuley v. Canada Post Corporation, 2021 ONSC 4528

This action arises from a slip and fall on a municipal sidewalk in front of the post office in Huntsville. The plaintiff sued Canada Post for damages. Canada Post initiated third party claims against two parties, and two additional parties were added by fourth party claims. Following discoveries, the plaintiff moved for leave to amend...

June 30, 2021

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Arksey v Sky Zone Toronto, 2021 ONSC 4594

The plaintiff suffered a torn ACL and MCL while playing dodgeball trampoline at Skyzone. She sued Skyzone for damages. Skyzone moved for summary judgment based on the terms of a waiver and release of liability signed by the plaintiff. Justice Myers held that the waiver specifically applied to the claims made against Skyzone, and dismissed...

June 30, 2021

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Moore v. 7595611 Canada Corp., 2021 ONCA 459

The plaintiffs’ daughter was severely injured in a fire. The plaintiffs ultimately had to made the decision to remove her from life support given that she did not have brain activity. The plaintiffs sued the landlord of their daughter’s apartment for damages. At trial the jury awarded $250,000 in damages to each the mother and...

June 10, 2021

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Avedian v. Enbridge Gas Distribution Inc. (Enbridge Gas Distribution), 2021 ONCA 36

In the case of Avedian v. Enbridge Gas Distributions Inc., the Court was asked to overturn a partial summary judgment motion brought by the respondent, Enbridge Inc. One of the grounds of appeal was the timing of the motion as it was brought less than six months before a ten-week trial was scheduled to begin....

June 10, 2021

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Moore Equipment Ltd. v. Temple Insurance Company, 2021 ONSC 3622

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...

May 31, 2021

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Noori v. Liu, 2021 ONSC 3445

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...

May 31, 2021

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Hewitson Holdings Inc. v. Bur-Met Contracting and Concrete Walls, 2021 ONSC 3197

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...

May 31, 2021

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Taylor v David, 2021 ONSC 3264

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...

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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