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 was involved in a relatively minor motor vehicle accident in 2015. She had been in a more serious accident in 2012 for which she was at fault. The plaintiff argued that she had been 80 to 90 percent recovered by the time of the 2015 accident. She returned to work for three years,...
This action arises from a 2020 motor vehicle accident. The plaintiff brought an ex parte motion seeking an order for substituted service of the statement of claim on the defendant driver by serving his automobile liability insurer. The insurer took no position on the motion. Justice Trimble dismissed the motion for two reasons: (1) the...
Shortly after her 30th birthday, the plaintiff was injured at a bar where bocce was played near an outdoor patio seating area. The defendant Goulet tossed a ball to a friend standing near the plaintiff. The friend did not know the ball had been thrown to him and it hit the plaintiff in the back...
Background On March 17, 2020, the Province of Ontario declared a provincial emergency due to the COVID-19 virus under the Emergency Management and Civil Protection Act. In an attempt to limit the spread of the virus, the province ordered the closure of non-essential businesses and recreational facilities. Restaurants and bars were required to reduce their...
The defendant brought a successful pre-trial threshold motion in this personal injury action arising from a motor vehicle accident. The plaintiff was self-represented. In advance of the trial the plaintiff informed defence counsel that he would not be calling any witnesses at trial other than himself. He further confirmed that he would be relying only...
This personal injury action arises from a motor vehicle accident. The defendants arranged for the primary plaintiff to be assessed by a neuropsychologist. Counsel for the parties exchanged correspondence confirming: the date for the 6.5 hour appointment; the plaintiff’s agreement to attend; and that a missed appointment fee would be charged if he failed to...
The plaintiff slipped and fell twice in close succession on February 7, 2017 – once on a sidewalk and once on a roadway in or near a crosswalk. At the material time the City contracted with D. Crupi & Sons Ltd. for winter maintenance of the roadway, and with Maple-Crete for winter maintenance of the...
The plaintiff slipped on ice in a mall parking lot and fractured her elbow. She returned to work as a school bus driver nine months later. She sued the mall property manager and the contractor responsible for winter maintenance in the parking lot for damages. Following a trial, Justice Doyle found that the defendant winter...
Background On November 25, 2022, the Ontario Court of Appeal released a trilogy of decisions which held that the tort of intrusion upon seclusion could not be claimed against a defendant who had suffered a cyberattack.[1] All three matters involved class actions that were at the certification stage. The plaintiffs in each action were alleging...
Less than a month before a scheduled trial, the plaintiff in an MVA personal injury action accepted an offer to settle from the statutory third party for $85,000 plus interest, disbursements, and costs to be agreed upon or assessed. The parties were unable to agree on costs and the plaintiff brought a motion for a...
This personal injury MVA action was dismissed by a jury following a 13 day trial. The jury concluded that the defendant was not negligent despite having rear ended the plaintiff. The jury accepted that the accident was caused due to the defendant's sudden seizure. The jury further held that it was reasonable for the defendant...
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc: Ontario Court rules against insurer in claim by estate of teen killed in Iranian plane crash - The Lawyer's Daily (thelawyersdaily.ca) An insurer was recently ordered to pay a death benefit of $100,000 to the estate of a teen killed...
This personal injury action arose from a slip and fall that occurred on a sidewalk owned by the defendant municipality. The plaintiff was walking her dog and slipped on stones laying on the sidewalk. The defendant brought a summary judgment motion seeking to have the action dismissed. The plaintiff brought a motion in the alternative...
The plaintiff sued the defendants for damages arising from a fall at the side entrance of a house. One of the defendants ran a dental practice at the premises, and the plaintiff attended as a patient. The defendants did not ever respond to the claim though properly served, and were noted in default. The plaintiff...
In this personal injury action arising from a motor vehicle accident, the parties moved under Rule 21 for a determination before trial as to the deductibility of an LTD settlement from any damages awarded for loss of income. The plaintiff agreed that LTD benefits paid under the policy were deductible from income loss, but argued...
The defendant winter maintenance contractor moved to dismiss the plaintiff’s action on the basis of a limitations defence. The plaintiff slipped and fell in a parking lot at a No Frills. She sued the property owner within the 2 year limitation period, but issued the action against the winter maintenance contractor 2 years and 9...
The plaintiff was injured when she was struck by a TTC bus as a pedestrian. She required emergency surgery to repair a left ankle fracture, and also suffered a mild concussion, fracture of the left tibia, and fractures of the left and right fibular heads. She argued that her injuries led to post-traumatic osteoarthritis, chronic...
The plaintiff sustained soft tissue injuries in a left-turn motor vehicle accident wherein the turning plaintiff was struck by the defendant travelling straight. Following a trial, the jury found the plaintiff 75% at fault, and the defendant 25% at fault. The jury awarded the plaintiff $40,000 in general damages, $147,700 for past loss of income,...
The plaintiff was injured in a slip and fall at her work’s office tower while exiting an elevator. The floor was slippery due to a cleaning product being sprayed onto the elevator doors deflecting and landing on the granite floors. The occupier did not have a system or policy for cleaning floors after cleaning the...
Background The Applicant Brett Butterfield suffered a psychotic episode while visiting a firearms store in 2019. He formed the delusional belief that the store owner, Mr. Carr, had raped and murdered his female friend. Feeling threatened, Mr. Butterfield left the store, retrieved a hunting knife, and upon re-entry began stabbing the store owner in the...
The defendant in this MVA personal injury action wished for the plaintiff to be assessed by certain damages experts. Plaintiff’s counsel did not agree to have the plaintiff examined by the proposed expert neurologist, psychiatrist, physiatrist, and vocational specialist. The defendant brought a motion to compel the plaintiff to attend with these experts. In the...
