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.
The Court of Appeal upheld a $300,000 costs award arising from a jury trial that produced a net recovery of $16,160.50 for the plaintiff. The panel emphasized deference to a trial judge’s discretionary costs assessment and confirmed that proportionality is a factor but not determinative. The trial judge had considered complexity, extensive expert evidence, and...
The Court of Appeal affirmed a Rule 21 determination on insurance priority. After the at-fault driver’s $300,000 automobile liability limits were exhausted, the plaintiff’s OPCF 44R responded next up to $700,000, with the defendant’s personal liability umbrella policy (PLUP) responding only thereafter. The court accepted that policy-interpretation issues were questions of law reviewed for correctness...
In a recent decision, Dove v. Thomas et al. and Cao v. Thomas et al., 2025 ONSC 2802, the Ontario Superior Court of Justice offered important guidance on the application of “implied consent” under section 192(2) of the Highway Traffic Act (HTA). The ruling reinforces the importance of context when assessing vicarious liability for motor...
The Court of Appeal dismissed OCHC’s appeal from an order striking its implied warranty and negligence claims against Sloan and Wolseley. The court held that an implied warranty under s. 15 of the Sale of Goods Act is available only against a “seller,” and Sloan was not a seller on the pleadings, following Arora v....
On a refusals motion after a statutory third party discovery, the Court compelled The Personal Insurance Company to answer questions and produce documents explaining its denial of coverage. Although coverage is distinct from liability, Justice De Sa held that Rule 31.06(4)–(5) entitles plaintiffs to know the availability of insurance and the “conditions affecting its availability,”...
This case addresses whether a restoration contractor retained by an insurer’s adjuster owes a duty of care to the insured for pure economic loss. Following a 2018 water loss at the plaintiff’s warehouse, the insurers’ adjuster engaged FirstOnSite to investigate and report. The plaintiff later sued the underwriters, the adjusters, and FirstOnSite for business losses...
This trial decision turns on standard-of-care proof in a construction-zone MVA. The plaintiffs’ minivan undercarriage struck a marked water valve in an intersection under active paving. They called no expert on municipal or road-construction standards; the only technical evidence came from the City and the contractor, showing the valves were at a safe temporary height,...
In this collection matter, the defendants brought a motion pursuant to Rule 13.1.02 to transfer the action from London to Toronto. The plaintiff ultimately consented to the relief sought. Justice Firestone granted the motion. The action lacked any rational connection to London. The corporate defendant is a film and production company based in Toronto. The...
The plaintiff was injured when the defendant Ball hit him in the head with his goalie stick during a hockey tournament held at the Fort Erie Leisureplex. Ball was convicted of assault causing bodily harm. The plaintiff sued Ball, along with the Town of Fort Erie (owner of the arena complex), Stoddard (tournament organizer), and...
The plaintiff was injured in a rear-end motor vehicle accident. Following a nine day trial, the defendant brought a threshold motion while the jury was deliberating. The jury returned its verdict and awarded the plaintiff nothing. Justice Brownstone granted the threshold motion, finding that the plaintiff’s claim for non-pecuniary damages was barred because he did...
The plaintiff, a welder, fell from a 12-foot step ladder and was injured while working on a project on the premises of the defendant Yaya Foods. The project used an excavator with an attachment that held the beam while the plaintiff cut it. The attachment failed, the beam fell and hit the ladder, causing the...
This action arose from a motor vehicle accident. Following a trial on damages the jury rendered a verdict with the following awards: Non-pecuniary general damages : $25,000 Past loss of income : $100,000 Future loss of income : $0 Future medical and rehabilitation: $4,000 Future housekeeping expenses : $0 TOTAL DAMAGES : $129,000 The plaintiff...
This is a personal injury action arising from a motor vehicle accident involving a young pedestrian. The defendant brought a motion seeking an Order compelling the plaintiffs to answer refusals arising from a cross-examination of their lawyer. At its crux, the motion concerned whether the plaintiffs had to disclose and produce any applicable adverse costs...
This personal injury action arises from a slip and fall in a marked pedestrian crosswalk during a winter weather event. The plaintiff sued the property owner, property manager, and winter maintenance contractor. The action proceeded to trial on liability alone (the parties reached an agreement on the quantum of damages). Justice Henderson held that the...
The plaintiff fell during the winter when she stepped off of a municipal sidewalk onto the snow covered front lawn of the property abutting the sidewalk to get around a group of people waiting for a bus. She tripped over a tree root and fell, injuring herself. The plaintiff notified the City of the incident...
The plaintiff was injured in a motor vehicle accident in October 2011. He took out five litigation loans from BridgePoint totaling $65,500. The loans had compound interest rates ranging from 20% to 24%. The plaintiff settled his accident benefits claim for $1.25 million. His tort action was dismissed due to contempt of an order to...
The plaintiff’s home was damaged following a large rainfall in spring 2017. The previous owner had built a rear addition on the home in 1981. The City of Vaughan issued a building permit to the previous owner without obtaining the approval of the Toronto and Region Conservation Authority (TCRA) as required by applicable legislation. The...
The plaintiff tripped over sandals during a visit to the home of her sister (Elizabeth) and brother-in law (Daniel). Elizabeth had left the sandals on the back stoop, and the plaintiff broke her ankle when she fell over them. The plaintiff sued Daniel pursuant to the Occupiers’ Liability Act, alleging that he did not take...
In this decision, Justice Muszynski dismissed a motion brought by the plaintiffs at the outset of trial to adduce expert evidence from three experts whose reports were served outside the timeline contemplated by the Rules of Civil Procedure. The plaintiffs served the expert reports on June 22, 2023. The pre-trial conference took place on July...
The plaintiff was injured in a 2013 motorcycle accident and commenced this action in 2015. Two defendants (the driver and owner of a transport truck) were named as John Does. The plaintiff also sued Intact pursuant to OPCF44 coverage. The plaintiff was examined for discovery in 2016 and set the matter down for trial in...
This personal injury action arises from a motor vehicle accident that occurred when the defendant vehicle crossed into an oncoming traffic lane and struck the plaintiff vehicle. The defendants brought a motion for summary judgment seeking dismissal of the action on the grounds that the defendant driver could not have avoided the accident because she...
