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.
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...
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...
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...
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...
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...
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...
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...
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...
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...
The jury awarded the Plaintiff $42,250.00 for pain and suffering which was reduced to $4,266.67. Justice MacLeod also awarded 4% interest because of the delay in the trial occurring. The jury awarded $76,121.00 for past income loss which was reduced to $0 after deductions for accident benefits and LTD benefits were considered. Justice MacLeod noted...
The Defendants in a motor vehicle accident action sought production of the examination for discovery transcript from the Plaintiff's action against her LTD provider. The injuries relating to her LTD claim arose from the same motor vehicle accident. Master Fortier held that the transcript was relevant and ordered that it be produced at the Defendants'...
The Plaintiff entered into litigation agreements with the Defendant, H&M Combustion Services Ltd., relating to an oil spill. In the 2011 agreement, H&M agreed to defend the action and commence a third party claim, which the Plaintiff would fund. In the 2016 agreement, H&M assigned all of its interest in the lawsuit to the Plaintiff,...
In Schnarr v. Blue Mountain and Woodhouse v. Snow Valley Resorts, the Plaintiffs executed the ski resorts' waivers of liability as a condition of the purchase of their lift tickets and were subsequently injured. In Schnarr, the motion judge held that the resort could not disclaim liability for any breach of the deemed warranty of...
The Plaintiff was injured in a motor vehicle accident. He produced several medical reports which indicated that he sustained head and neck injuries as a result of the accident. At the pre-trial, despite not yet conducting a medical examination of the Plaintiff, the Defendants took the position that there was "zero chance" of financial liability...
The jury found that the Plaintiff was entitled to $61,000.00 for past loss of income and $90,000.00 for future loss of income/loss of competitive advantage. Six months before the trial, the Defendants made a Rule 49 offer of $70,000.00, inclusive of all claims and PJI, plus partial indemnity fees up to the date of the...
The Defendant requested an adjournment of the trial because of the late delivery of expert reports by the Plaintiff. The Plaintiff opposed the adjournment request. Justice Firestone refused the Defendant's request for an adjournment of the trial, but ordered that the Defendant was entitled to a defence medical examination of the Plaintiff and could deliver...
In this case, the Plaintiff was involved in an MVA and retained legal counsel. Subsequently, the Plaintiff was found in cardiac arrest at his house. The hospital determined that there was no prospect of recovery and the Plaintiff's family decided to remove him from life support and donate his organs. Legal counsel urged the family...
Prior to examinations for discovery, the Defendant listed three surveillance douments, including the date, author, and recipient, in Schedule "B" of its Affidavit of Documents. The Plaintiff took the position that additional particulars were required including the form of the document, the timing of surveillance sessions, and the number of pages of any report. Master...
The Ontario Court of Appeal unanimously held that the Plaintiff's insurer was not entitled to commence a subrogated claim in the name of its bankrupt insureds. In this case, at the time the action was commenced, the insureds' cause of action had vested in the trustee in bankruptcy and one of the insureds was an...
The insured engineering company had two different insurers over two policy periods. Both policies were "claims made and reported" policies. A fire occurred on a project in which the insured was involved. During the first policy period, the insured received correspondence warning of intention to commence a claim against it and inviting the engineering company's...
The Ontario Court of Appeal held that an insurer's claim of rectification is subject to the Limitation Act, 2002 (although Manulife's rectification claim was not barred in the circumstances of this case). The Court of Appeal also upheld the trial judge's award of substantial indemnity costs of $1.2 million against the insured on the basis...
