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 plaintiff was in a motor vehicle accident on August 17, 2019. She commenced an action for damages on November 24, 2014. The defendant argued that the claim was statute-barred due to the expiry of the applicable limitation period. The plaintiff argued that the claim was not discoverable until late 2012 because that was when...
This action arose from a motor vehicle accident. At the pre-trial conference, Justice Trimble awarded costs in the amount of $1,000 against the defendant. The conference was attended by the plaintiff, the plaintiff's counsel, the defendant's counsel, and a representative of the defendant's automobile insurer who defended the action on behalf of the defendant. The...
The plaintiffs claimed that cracks appeared in the walls of their commercial premises as a result of the construction of a high rise condominium on an adjacent property. The construction was completed on June 9, 2015. The plaintiffs' claim to their insurer for repair was denied in 2014. This action against the defendant constructors of...
The plaintiff sued an insurance company for spoliation of evidence (failing to preserve an automobile in which the plaintiff was injured). The insurance company alleged the plaintiffs' own lawyers were negligent in failing to ensure the evidence was preserved. The lawyers brought a successful motion to strike the third party claim, and the decision was...
The plaintiff sustained injuries as a result of a slip and fall incident in the parking lot of the defendant's store. At trial, the jury found that the defendant took such reasonable care in all the circumstances to see that the plaintiff was reasonably safe while on the premises. The defence led evidence that: there...
The plaintiff sustained personal injuries as a result of a motor vehicle accident caused by the defendant driver following his departure from the defendant bar. The plaintiff was a passenger in the defendant driver's vehicle and had also attended the defendant bar on the evening of the accident. At the time of the collision, the...
The plaintiff's insurer paid for a fire loss under the property section of an insurance policy issued to the plaintiff. The insurer then sought to sue the tenant that caused the fire; however the tenant defendant was an insured under the CGL portion of the same policy, as she was an officer of the plaintiff...
The plaintiff recovered $2,000 at trial, after consideration for the statutory deductible and threshold. The defendant did not make any offers to settle in the action. The plaintiff offered $75,000 to settle shortly before trial. The plaintiff sought over $275,000 in costs and disbursements following trial. Justice McKelvey awarded the plaintiff $40,000 in costs inclusive...
The plaintiff student brought an action against the defendant student, school board, and teachers, for injuries sustained in a physical altercation that took place on school premises. The school board and teachers were alleged to have been negligent in failing to provide adequate supervision to prevent the altercation from occurring. Justice Arrell held that there...
A resident of the defendant senior residence choked to death as a result of the improper installation of a halo device to her bed. The residence advised the resident's family that she died of natural causes and the family only learned of the true cause after speaking to the coroner. 14 of the deceased family...
The plaintiff and defendant were both innocent victims of a cybercrime, which resulted in the funds paid by the defendant to settle the plaintiff's claim being sent to a fraudster. The defendants assumed the funds to be unrecoverable and brought a motion seeking an order for judgment confirming that the terms of settlement were satisfied....
The plaintiff left a completed surgical booking package in a drop box at the defendant hospital. The package was subsequently returned to her by mail. The hospital did not take responsibility for the misplaced booking records and the Information and Privacy Commissioner of Ontario was unable to make a determination as to who was responsible...
The plaintiff attended the defendant strip mall on a summer afternoon. After parking her car, she walked towards the store she intended to attend. In order to access the store, she needed to traverse the sidewalk that ran in front of all stores in the plaza, which was raised above the roadway. The plaintiff tripped...
The plaintiff commenced an action for personal injuries arising from a motor vehicle accident. At the material time, the plaintiff was an excluded driver on a Wawanesa insurance policy. The defendant discovered the exclusion and brought a motion for summary judgment pursuant to section 267.6 of the Insurance Act which provides that a person is...
The plaintiffs brought an action pursuant to section 258(1) of the Insurance Act for payment of insurance monies to satisfy a judgment for damages suffered by them as a result of a single vehicle motor vehicle accident. The issue on the underlying summary judgment motion was which of Gore Mutual Insurance Company (the insurer of...
The plaintiff was seriously injured in a motor vehicle accident. The owner of the vehicle that collided with the plaintiff had given the defendant driver keys to her vehicle in order for him to retrieve his cigarettes from it. Instead of doing so, the defendant driver took the car and drove away. The defendant owner...
The plaintiffs commenced an action against the Attorney General, alleging that the Crown attorneys that prosecuted the plaintiffs' criminal charges were negligent and misfeasant. The Crown brought a motion to strike on various grounds, including pursuant to Rule 21.01(1)(a) on the grounds that the action was barred by the expiry of the limitation period. The...
The plaintiff suffered damages as a result of an oil spill and sued multiple parties including the relevant oil technician and the oil tank manufacturer. Before trial, the plaintiff and the oil tank manufacturer entered into a Pierringer agreement. The trial judge apportioned liability: 40% to the defendant oil technician and 60% to the plaintiff....
The plaintiff was injured by a passing vehicle while on the shoulder of a highway. He could not identify the owner/operator of the vehicle and commenced an action against his own insurer pursuant to the unidentified motorist provisions of his auto policy. The insurer later obtained the police file, which potentially identified the driver of...
The plaintiff sustained personal injuries as a result of a motor vehicle accident. At the time of the accident, the defendant driver was not licensed to drive. The sole issue before the court at the commencement of trial was whether the defendant driver possessed the defendant owner's vehicle with consent at the time of the...
The plaintiff was injured when the passenger of an unidentified vehicle threw eggs at her. She commenced claims against Intact pursuant to the family protection coverage endorsement to her father's auto policy, and against the Superintendent of Financial Services seeking the mandatory uninsured automobile coverage for damages occasioned by an unidentified motor vehicle when the...
