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 sued Starbucks and two individual employes for spilling hot water on her. Starbucks brought a motion to strike the claims against the individual Defendants on the basis that the Statement of Claim did not disclose a reasonable cause of action against either individual. The motion judge agreed and struck the claims against the...
The jury awarded the Plaintiff $15,000.00 in general damages. Justice Monahan found that while the soft-tissue pains suffered by the Plaintiff as a result of the MVA were "no doubt unpleasant and perhaps frustrating", they were still tolerable, were not serious, and did not impact an important function. The Plaintiff was also unable to explain...
Pursuant to the OAP1, certain benefits (including NEBs) are not payable to an occupant of an automobile who at the time of the MVA knew, or ought reasonably to have known, that the driver was operating the automobile without the owner's consent. The Dominion wished to rely on this exclusion at trial. The Defendant sought...
Following a MVA, the Plaintiff sued the other driver, the municipalities (Durham and Clarington), the roadside lighting contractor (Langley), and the winter maintenance contractor (Miller). Zurich insured Miller and Durham was an additional insured under the Zurich policy. Dominion insured Langley and Clarington was an additional insured under the Dominion policy. Zurich and Dominion acknowledged...
The Appellant was driving his friend Baird's car in rural Ontario. Three other friends, including Baird, were passengers in the car. The Appellant lost control of the car, it moved into the oncoming lane, and it was struck by an approaching vehicle. One passenger in the Appellant's vehicle was killed and the other occupants of...
The defendant media company produced a sales video for a real estate developer. The video showed the plaintiff jogging on a walking trail. She claimed against the media company for breach of privacy, damages for appropriation of personality, and punitive damages. The court awarded the plaintiff $4,000 in damages for breach of privacy and $100...
The Ontario Court of Appeal held that a motion for partial summary judgment should be considered to be a rare procedure that is reserved for an issue or issues that may be readily bifurcated from those in the main action and that may be dealt with expeditiously and in a cost effective manner.
The Plaintiff was a tradesman and fell while performing work on the roof of the Defendants' home. The Defendants brought a motion for summary judgment. Justice Broad granted the motion on the basis that a tradesman is presumed to know how to perform roofing work and to be aware of the necessary safety equipment required...
In this case, the Plaintiff sued the Defendant after he was pushed in a parking lot and broke some teeth. The Plaintiff brought a motion for summary judgment and delivered an affidavit which included correspondence between his father and the Defendant's father. In the correspondence, the Defendant's father apologized for the injury. The Plaintiff took...
The Ontario Court of Appeal held that the January 1, 2015 amendment to s. 258.3(8.1) of the Insurance Act, which reduced the default rate of prejudgment intrest for non-pecuniary losses for bodily injury or death arising from the use or operation of an automible from five percent to the bank rate at the time the...
The Plaintiff alleged that she slipped and fell on vinyl flooring in Toronto Community Housing that was installed in the hallway in front of her apartment. She had resided at this apartment for nine years. On a summary judgment motion, Justice Sanfilippo dismissed the Plaintiff's claim due to a lack of objective evidence of any...
The Plaintiff was involved in a MVA in Minnesota and sued the state for compensation. He received the maximum allowable payment under Minnesota law of $500,000.00. Given his significant injuries, the Plaintiff brought an action against his own Ontario insurer, Security National, under the OPCF44. The motion judge ordered Security National to pay the Plaintiff...
The tenant of a rental home was repairing the brake line on his automobile stored in the attached garage when the gas tank fell to the floor and sparked a fire. The fire caused damage of over $150,000.00. The landlord's insurer, North Waterloo Mutual Farmers Insurance, paid for the cost of the repair and sought...
The plaintiff in this Brampton action brought a motion to exclude individuals who drive and pay automobile insurance premiums as potential jurors in motor vehicle cases. The plaintiff argued that the financial obligation to pay automobile insurance premiums amounted to a personal interest adverse to the interests of plaintiffs in cases arising from motor vehicle...
The Defendant gas station sought to add a third party snow plow operator to the action. The Plaintiff had asked the Defendant at discoveries in 2015 to advise within 60 days if it intended to issue a third party claim. The Plaintiff contacted the Defendant a further eight times and received no response. The Plaintiff...
The Plaintiffs were family members of an individual who was killed in the crash of an Ornge helicopter. The action was initiated under s. 61 of the Family Law Act, R.S.O. 1990, c.F.3, and included claims for mental distress resulting from the negligently caused death of the crash victim. Ornge brought a motion to strike...
In this case, the Ontario Court of Appeal confirmed that the limitation period in the Libel & Slander Act, R.R.O. 1990, c.L. 12 applies to the online version of a newspaper. The Court of Appeal rejected the Plaintiff's argument that the limitation period commenced anew each day that the article was online. Rather, the limitation...
The Plaintiff brought an action in relation to a slip and fall incident at a Longo's grocery store. The Defendants moved for summary judgment on the basis that there was no genuine issues requiring a trial. Justice Diamond ruled in favour of the Defendants and held that the video of the incident showed that the...
The jury awarded the Plaintiff general damages of $2,700.00 and damages for past income loss of $3,124.00. The Defendant brought a threshold motion following the jury's award. Justice Archibald concluded that the Plaintiff's injuries were neither serious nor permanent and that the Plaintiff was exaggerating the level of impairment that he had suffered. Justice Archibald...
The insured under an Aviva policy purchased that coverage a few hours after a MVA and did not discose to Aviva that his vehicle had been involved in the MVA. Aviva argued that it could not be required to defend and respond to the claim because its policy was not in place at the time...
The Ontario Court of Appeal ordered a new trial in this MVA case where the defence expert had crossed the line from objective witness to advocate. The Court of Appeal upheld the trial judge's decision to deny cross-examination on the defence expert's previous court and arbitration attendances on the basis that it would divert the...
