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.
In this case, Mr. Hoang dropped his two children, niece, and nephew (ages 6 to 13) off at an intersection in Toronto and planned to go find a place to park his car. The chilrden started across Yonge Street at a pedestrian crosswalk on the north side of Queens Quay. The three older children were...
The Defendant sought an order that the Plaintiff's MVA injuries did not pass the statutory threshold. The jury had awarded the Plaintiff $60,000.00 in general damages. Justice Charney held that the Plaintiff's injuries did not meet the statutory threshold as the evidence did not support that her ongoing pain substantially interfered with her ability to...
In this case, the trial judge found that the Plaintiff sustained psychological injuries, including personality changes and cognitive difficulties, based on the testimony of the Plaintiff's friends and family. The British Columbia Court of Appeal allowed the appeal on the basis that the Plaintiff had not demonstrated by expert evidence a medically recognized psychiatric or...
The Plaintiff sought damages under the Family Law Act, R.S.O. 1990, c.F.3, following the death of his wife in an MVA. The Plaintiff was blind and his deceased wife had been his primary caregiver. The Plaintiff sought damages that would take into account the pecuniary loss he now suffered as a result of his wife's...
The Plaintiff sought damages for injuries resulting from an MVA involving an unidentified driver. The Defendant insurer alleged in its Statement of Defence that the Plaintiff was responsible for the action due to his cell phone use and sought production of the Plaintiff's cell phone records for the 30 minutes prior to the MVA. The...
A hospital employee improperly accessed a neighbour's medical records. The employee was not in the neighbour's circle of care. The neighbour sued the employee for mental anguish arising from intrusion upon seclusion. The hospital's liability policy provided coverage for all employees of the hospital while acting under the direction of the hospital. The court held...
The female plaintiff was sexually abused by a taxi driver. She became intoxicated at a party and her friend called the defendant taxi company, which dispatched the driver to pick her up. The defendant taxi company successfully moved for summary judgment on the basis that it should not be held vicariously liable for the intentionally...
