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 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...
The Appellant commenced an action in Small Claims Court for breach of contract and then commenced a claim in the Superior Court that encompassed the same relief, but added a number of additional claims. Following a motion brought by the Respondent, the motion judge held that the claim failed to disclose a reasonable cause of...
The Plaintiff sustained soft tissue injuries and was awarded pecuniary and non-pecuniary damages as a result of a rear-end collision. The Defendant brought a threshold motion on the basis that the Plaintiff continued to work, performed a significant amount of her housekeeping duties, and was independent in her activities of daily living. Justice McMillan found...
The Plaintiff alleged injuries as a result of obtaining laser treatment at a clinic. The Defendants sought summary judgment in relation to the negligence claim on the basis of a signed consent/release. They also sought summary judgment in relation to the breach of contract and vicarious liability claims. Justice Allen denied the motion in relation...
In this motor vehicle tort claim, the Defendants refused to schedule a mediation until after the completion of discoveries. The Plaintiff wished to schedule the mediation prior to discoveries so that the action could be set down for trial as soon as possible. At a case conference, Justice Firestone held that the Defendants' position was...
The issue in this case was whether the limitation period set out in section 18(1) of the Limitations Act, 2002, S.O. 2002, c.24 was subject to discoverability. If not, the Defendant was out of time to add a new third party. Master Jolley concluded that the limitation period was rebuttable and the Defendant was permitted...
When seeking leave under Rule 31.10 to examine a non-party, the moving party must establish that there is good reason to believe that the non-party has information relevant to a material issue, that the moving party has been unable to obtain the information from the other parties to the action as well as from the...
The Supreme Court of Canada has modified the test for granting a mandatory injunction. In sum, an applicant must now: (1) demonstrate a strong prima facie case that it will succeed at trial which includes showing a strong likelihood on the law and the evidence presented that, at trial, the applicant will ultimately be successful...
Following the Plaintiff's examination for discovery, the Defendant sought an order requiring the Plaintiff's wife to be examined for discovery. The basis for the request was that the Plaintiff had sustained a traumatic brain injury and serious memory loss as a result of the MVA and could not answer the questions posed to him on...
In this case, the Plaintiff argued that the surveillance did not satisfy the requirements of the three part test to be admissible as substantive evidence. Specifically, the Plaintiff argued that its accuracy did not truly represent the facts, that it was unfair, and that it had not been verified by a person capable of doing...
In this case, the jury awarded general damages of $1,600.00 and $1,500.00 in lost income to one Plaintiff and $11,500.00 in general damages and $5,000.00 in lost income to the other Plaintiff. Justice Gilmore concluded that neither of the Plaintiffs' non-pecuniary damage claims met the statutory threshold as both Plaintiffs were able to work and...
