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.

Search

Generic filters

August 20, 2018

/

tgp-admin

Rooplal v. Fodor, 2018 ONSC 4985

The Plaintiff brought a motion to add TTC Insurance Company Limited ("TTCICL") as a Defendant in order to assert a claim for unidentified motorist coverage. At issue was whether the Plaintiff's claim against TTCICL was statute barred pursuant to the Limitations Act. Justice Chiappetta concluded that the limitation period would begin the day after the...

August 17, 2018

/

tgp-admin

Plaitis v. Balls of Fun Inc., 2018 ONSC 5126

The Plaintiffs brought a motion for leave to amend their Statement of Claim to allege, amongst other things, an alternative claim for damages for spoliation. Master MacAfee allowed the amendments on the basis that the tort of spoliation was an open question in Ontario and that the Plaintiffs were seeking to add an alternative claim...

August 15, 2018

/

tgp-admin

Schiavone v. Woods, 2018 ONSC 4789

The moving defendant on this summary judgment motion is a pub. Its co-defendants were patrons of the pub, who were ejected as a result of intoxication and improper behaviour. Soon after their departure from the pub, the co-defendants were involved in a physical altercation with the plaintiff in a nearby parking lot, resulting in personal...

July 31, 2018

/

tgp-admin

O'Brien v. O'Brien, 2018 ONSC 4665

The Plaintiff sustained an ankle fracture in a motor vehicle accident. Following the trial, Justice McKelvey found that the Plaintiff's potential future inability to work could be considered in determining threshold. Justice McKelvey held that the Plaintiff suffered a permanent and serious impairment in relation to his employment, but not in relation to his usual...

July 12, 2018

/

tgp-admin

Toronto Hydro v. Gonte and City of Toronto, 2018 ONSC 4315

In this action, two of the three Defendants/Third Parties had settled. The settlement did not involve the remaining party and there were no terms in the settlement to limit continuing litigation in the nature of a Pierringer agreement. Toronto Hydro settled with the Plaintiffs and continued its claims against Gonte and the City. Subsequently, Toronto...

July 9, 2018

/

tgp-admin

Sapia v. Invermere (District), 2018 BCSC 1145

The elderly plaintiff slipped and fell on an elevated walkway adjacent to the parking lot of a seniors' centre owned and operated by the defendant. The plaintiff attributed the cause of her fall to the absence of a yellow caution line demarcating the walkway from the parking lot. The plaintiff's human factors expert concluded that...

June 29, 2018

/

tgp-admin

K.M. v. Marson et al, 2018 ONSC 3493

In this case of historic sexual abuse, the plaintiff was sexually assaulted from 1978 to 1980 by his elementary school teacher. At the time of trial he was 51 years old. He led evidence that he suffered from serious mental health problems as a result of the abuse, including depression, PTSD, and anti-social behaviour. He...

June 28, 2018

/

tgp-admin

Goomansingh v. University of Manitoba, 2018 ONSC 3999

The Plaintiff commenced a law suit after he was denied acceptance to the University of Manitoba's Faculty of Medicine. On a motion to strike, the university was successful in striking the Plaintiff's entire Statement of Claim without leave to amend. Justice Brown held that the "pith and substance" of the claim was an academic dispute....

June 26, 2018

/

tgp-admin

Rodrigues v. Purtill, 2018 ONSC 3102

The subject of this action was an MVA which involved a family of five. The mother and two oldest sons sustained injuries as a result of the accident. Tragically, their five month old son/brother died as a result of the collision. The Defendant admitted liability, but disputed threshold. Justice Hockin found that all of the...

June 26, 2018

/

tgp-admin

Stewart v. The Corporation of the Township of Douro-Dummer, 2018 ONSC 4009

Justice Ricchetti concluded that a taxi driver has no positive duty to ensure that adult passengers are or remain seat-belted.

June 22, 2018

/

tgp-admin

Cormack-Terrelonge v. Fahmy Estate, 2018 ONSC 3925

The Plaintiff was unable to advise whether her injuries from previous accidents had resolved by the time of the subject MVA. Justice Sosna held that prodution of the discovery transcripts from the Plaintiff's earlier MVA actions was necessary to assess the extent to which the Plaintiff's current complaints overlapped with her injury complaints prior to...

June 13, 2018

/

tgp-admin

Knox v. Loblaws Inc., 2018 ONSC 3679

In denying the Plaintiffs' motion to discontinue the action as against certain defendants, the court commented on the distinction between the effect of a discontinuance and a dismissal of an action. Pursuant to the Rules of Civil Procedure, the discontinuance of all or part of an action is not a defence to a subsequent action,...

June 13, 2018

/

tgp-admin

Coast Capital Equipment Finance Ltd. v. Old Republic, 2018 ONCA 540

This appeal dealt with whether the lessor, Coast Capital, was insured for third party liability. 62254641 Canada Inc., a trucking company, leased a tractor from a third party. Old Republic issued a Certificate of Automobile Insurance which listed that vehicle. The Certificate included a description of lessors which stated "as per OPCF 5 Forms". An...

June 5, 2018

/

tgp-admin

Enterprise Rent-A-Car v. Intact Insurance, 2018 ONSC 3517

On appeal, Enterprise argued that the applications judge erred in finding that the driver of the rental car (a listed driver under her father's OAP1) was not "an insured named in the contract" and/or a "driver named in the contract" such that the priority provisions of s. 277(1.1)(2) of the Insurance Act would apply. The...

May 16, 2018

/

tgp-admin

Walsh v. Papadopoulos, 2018 ONSC 1828

Summary judgment is not likely to be granted if the motions judge has any doubt as to whether a defendant can be found even 1% liable on the available evidence and case law. In this case, the plaintiff and defendant sisters were transporting items into the home of the defendant sister's boyfriend. The plaintiff fell...

May 11, 2018

/

tgp-admin

Rankin (Rankin's Garage & Sales) v. J.J., 2018 SCC 19

The minor Plaintiffs entered an unsecured garage property and stole a vehicle. The vehicle was subsequently involved in an accident and Plaintiff J suffered a catastrophic brain injury. At trial, it was found that the garage owed a duty of care to J. This finding was upheld by the Ontario Court of Appeal. However, the...

May 10, 2018

/

tgp-admin

National Art Gallery v. Lafleur de la Capitale Inc., 2018 ONSC 2921

A janitor had a fatal slip and fall incident in the course of his work at a gallery. The deceased employee's family members commenced actions against the gallery for damages. The gallery commenced third party claims against the janitorial company. The gallery was an additional insured on the janitorial company's CGL policy and argued that...

May 7, 2018

/

tgp-admin

Mega International Commercial Bank (Canada) v. Yung, 2018 ONCA 429

Section 18(1) of the Limitations Act, 2002, states that there is two years from the date of service of the pleading to make a claim for contribution and indemnity. In this case, the Ontario Court of Appeal held that discoverability applies to section 18(1) and that the Act did not create an absolute limitation period...

April 13, 2018

/

tgp-admin

Turcotte v. Lewis, 2018 ONCA 359

The Defendant tavern had a bus service that picked up, and later dropped off, cottage country patrons. On the return voyage, an argument broke out and the security guard on the bus called the police and asked for the police to meet the bus at the drop-off spot. When the bus arrived at the drop-off...

April 13, 2018

/

tgp-admin

Wallbridge v. Brunning, 2018 ONCA 363

In this case, a lawyer, Brunning, allegedly defamed another lawyer, Wallbridge. Brunning was practicing "in association" with the Williams law firm. The Williams firm brought a summary judgment motion to dismiss the claim, on the basis that it was not vicariously liable for Brunning's alleged defamation. The motion court granted the motion. On appeal, the...

April 10, 2018

/

tgp-admin

Lapierre v. Lecuyer, 2018 ONSC 1540

In this case, the Plaintiffs were all Family Law Act claimants. Their claims related to the death of an individual who died in a motor vehicle accident in Ontario. The deceased had been a resident of Quebec, as was the Defendant. Three of the FLA claimants were residents of Quebec and three were residents of...

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1850

smilne@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Subscribe to get TGP’s case summaries straight to your inbox

Subscribe to get TGP’s case summaries straight to your inbox

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1850

smilne@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP