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 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...
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...
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...
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...
The defendant hosted his late friend for after-work drinks at his mother's home. The friend consumed 15 cans of beer in three hours before driving home and loading his children and baby sitter in his vehicle to drive the baby sitter home. On the way back to his residence, the friend was involved in a...
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...
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...
The plaintiff was struck by a motor vehicle as a pedestrian crossing a private access road near a Loblaws store. She was not crossing in a demarcated crosswalk at the time. The defendant "occupiers" of the area where the collision took place sought to have the claims against them dismissed on a motion for summary...
The plaintiff was 21 years of age when she was involved in a motor vehicle accident. She sustained soft tissue injuries, and as of the time of trial had persistent pain in her right shoulder and neck with tingling in her hands and arms. The defendants denied that the plaintiff's ongoing symptoms were caused by...
Pursuant to Rule 16.02 of the Rules of Civil Procedure, service of an originating process on a corporation may be effected by leaving a copy with an officer, director or agent of the corporation or with a person at any place of business of the corporation who appears to be in contral or management of...
