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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February 5, 2019

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Wallace v. Ralph-Edwards, 2019 ONSC 899

The plaintiff suffered vision loss as a complication of a life-saving cardiac surgery. He commenced an action for damages against the doctor who performed the surgery and the hospital where the surgery was performed. The parties resolved certain issues in the action, and the sole remaining issue was the plaintiff's allegation that the defendant doctor...

January 30, 2019

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Presley v. Van Dusen, 2019 ONCA 66

The plaintiff brought a small claims action against the defendant excavation contractor for damages relating to allegations of negligent design, installation, approval, and inspection of a septic system. The trial judge dismissed the action on the ground that it was statute barred by operation of the Limitations Act, 2002. The trial judge found that a...

January 25, 2019

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Seetaram v. Allstate Insurance Company of Canada, 2019 ONSC 683

The respondent issued a policy of auto insurance to the applicant parents. Upon renewal of the policy, the applicant parents failed to disclose to the respondent that the applicant son was a licensed driver in their household. As of the date of the renewal, he held a G2 license. He previously held a G1 license....

January 16, 2019

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Mann v. Jefferson, 2019 ONSC 422

The plaintiff commenced an action for damages arising from a motor vehicle accident. During the plaintiff's examination in chief, his counsel sought to examine him concerning two litigation loans he took out following the subject accident, and to introduce into evidence the two loan agreements and discharge statements. The plaintiff argued that interest on the...

January 16, 2019

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Janssen v. William and Markle Jewellers Ltd., 2019 ONSC 70

The plaintiff slipped and fell on a municipal sidewalk adjacent to the front entrance of the retail store operated by the defendant. The municipality was not a party to the action. The defendant brought a successful summary judgment motion on the basis that it was not an "occupier" of the municipal sidewalk and did not...

January 10, 2019

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Bell v. Chatrie, 2019 ONSC 251

The plaintiff was injured in a motor vehicle accident. Wawanesa was the insurer of the rental company that had rented a vehicle to the named defendants. Wawanesa denied coverage to the two named defendants but defended the rental company. The named defendants were noted in default. Wawanesa eventually settled the plaintiff's claim and sought an...

January 3, 2019

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Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70

The plaintiff tripped and fell over a dumbbell during a gym class at the defendant fitness centre. She allegedly sustained personal injuries and commenced an action for damages against the defendant, claiming that it was negligent. The defendant brought a motion for summary judgment on the grounds that: (1) the waiver signed by the plaintiff...

January 2, 2019

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Siddiqui v. Saint Francis Xavier High School, 2019 ONSC 30

The plaintiff, a minor, alleged to have sustained injuries during a high school hockey tryout on February 25, 2013. The plaintiff's father retained counsel, who wrote the school and its insurer on April 25, 2013, identifying the plaintiff's father as her litigation guardian and notifying them of the potential action. On May 25, 2017, the...

December 18, 2018

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Davis v. TTC, 2018 ONSC 7527

The defendant served its sworn affidavit of documents on the plaintiff and sought her attendance at an examination for discovery. The plaintiff refused to attend at an examination until the defendant provided particulars of the surveillance listed in Schedule B of its affidavit of documents. Master Graham held that the defendant was not required to...

December 17, 2018

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Mandel v. Fakhim, 2018 ONSC 7580

The plaintiff was involved in a motor vehicle accident and sued the defendant for damages arising from personal injuries. At trial, the jury awarded the plaintiff $3,000 in general damages, and nothing for past or future lost income, future care expenses, or housekeeping services. The trial judge concluded that he did not need to make...

December 13, 2018

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Mame v. Victorin, 2018 ONSC 7477

The plaintiff was involved in a motor vehicle accident. Defence medical experts opined that the plaintiff's significant pain in his shoulder, neck, and chest continuing eight years post-accident was unlikely to improve. The plaintiff called no medical evidence at trial. The jury assessed the plaintiff's damages for non-pecuniary loss at $45,000. Justice MacLeod noted that...

December 12, 2018

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Pagano v. Anderson and Yik, 2018 ONSC 7341

The plaintiff was a passenger in the rear seat of the defendant Anderson's vehicle. Anderson's vehicle was rear-ended by the defendant Yik. The defendant Anderson brought a motion for summary judgment. The plaintiff sought an order ruling that Anderson was at least one percent liable for the collision. Justice Brown held that she could not...

December 4, 2018

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Carroll v. McEwen, 2018 ONCA 902

The plaintiff was struck by a motor vehicle as a pedestrian. The plaintiff sued the driver and owner of the vehicle that struck her, as well as her own auto insurer pursuant to an OPCF44 endorsement and the underinsured motorist provisions of the Insurance Act. The jury awarded the plaintiff a lump sum award of...

December 4, 2018

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Cadieux v. Cloutier, 2018 ONCA 903

The plaintiff was struck by a motor vehicle as a pedestrian. He received Statutory Accident Benefits (SABs) from his no-fault insurer and also brought a tort action for damages against the driver of the vehicle that struck him and the individual who pushed him into the vehicle's path. At trial, the jury awarded the plaintiff...

November 30, 2018

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Grech v. Scherrer, 2018 ONSC 7206

This action arose from an alleged assault on the plaintiff by his neighbour. At trial, the defendant sought to rely upon surveillance he took of the plaintiff prior to the alleged assault, both on cross-examination and as substantive evidence. The plaintiff argued that the videos constituted intrusion upon seclusion. Justice McKelvey confirmed the requirements for...

November 26, 2018

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Gero v. Silcox (2018, ONSC)

The plaintiff was asleep in a car in a parking lot when he was rear ended by the defendant. At the commencement of trial, the only remaining issue was the plaintiff's entitlement to and quantum of general damages. The defendant brought a threshold motion. The plaintiff did not serve any expert medical reports. He intended...

November 16, 2018

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Bonello v. Gores Landing Marina, 2018 ONSC 2237

The court granted summary judgment to third party participants of a game of tug of war which resulted in amputation of the plaintiff's arm. The plaintiff sued the owner of the campground where the game took place and its principal, claiming they were liable as occupiers and also vicariously liable for the actions of the...

November 7, 2018

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Imeson v. Maryvale (Maryvale Adolescent and Family Services), 2018 ONCA 888

At trial, the defendant was found vicariously liable for sexual abuse alleged to have been committed against the plaintiff by its former employee. The defendant appealed on the basis that the trial judge erred in admitting the opinion evidence of a mental health clinician who gave evidence at trial as a participant expert. The court...

November 5, 2018

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Ismail v. Fleming, 2018 ONSC 6615

This personal injury action arose from a 2009 motor vehicle accident. Trial commenced with jury selection on October 1, 2018. On October 31, 2018, after four weeks of evidence before a jury, Justice Leach declared a mistrial when it became evident that the trial duration estimate provided by and confirmed by counsel was inadequate and...

October 25, 2018

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Cannito v. Madison Properties Inc., 2018 ONSC 6190

The plaintiff sustained injuries as a result of tripping on a speed bump in a parking lot owned by the defendant and commenced an action for damages. The parties agreed on damages and the matter proceeded to trial for determination of liability. The plaintiff admitted that she did not know what caused her to trip...

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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