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 injured in a motor vehicle accident which occurred when the driver of the vehicle in which he was a passenger lost control of the vehicle and struck a hydro pole. The plaintiff commenced an action for damages against the relevant municipality for non-repair of the roadway, alleging that the accident was caused...
A minor plaintiff was injured on an escalator at Bramalea City Centre. The injuries caused the plaintiff to lose multiple fingers. The defendant TSSA brought a motion for summary judgment on the basis that it did not owe a duty of care to the plaintiff in respect of the frequency of its inspections. TSSA admitted...
The plaintiff was a government lawyer who slipped and fell in the kitchenette of her office as a result of water that had leaked out from under the sink from a hot water dispenser. Following a trial, Justice Roger dismissed the action, holding that the defendants had in place a reasonable cleaning and inspection regime...
In an action arising from personal injuries arising from a motor vehicle accident, the defendant vehicle owner brought a motion for summary judgment for a determination as to whether she was the actual owner and the registered owner of the vehicle driven by her son, the defendant driver, at the time of the accident. The...
The defendant in this action arising from a motor vehicle accident brought a motion to compel the plaintiff to attend for further examination for discovery. Justice Corthorn granted an additional two hours beyond the remaining time to complete the discovery. She reasoned that answers to undertakings given at the plaintiff's initial examination for discovery contradicted...
The minor plaintiff was injured from a trip and fall over a raised concrete edge of a buried metal transformer box owned by the defendant Kitchener-Wilmot Hydro. The transformer box was located on a driveway apron road allowance owned by the defendant City of Kitchener. The two defendant homeowners owned the properties adjacent to the...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
