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, a criminal lawyer, slipped and fell at the ground lobby of the Hamilton Courthouse. The parties agreed that there was a small amount of water near one of the wickets from the umbrella of an earlier entrant. The parties had agreed on the quantum of damages. Following a trial on the issues of...
The defendant in this motor vehicle action brought a motion to compel the plaintiff to answer undertakings resulting from his examination for discovery, to pay the costs associated with obtaining the documents required to satisfy the undertakings, and to produce a further and better affidavit of documents. Justice Valente granted the motion, holding that any...
This personal injury action arose from a fall by the plaintiff on ice outside of the condo building where he lived. The trial proceeded on liability only, as damages had been agreed upon. The condo had retained a winter maintenance contractor, which was at the premises prior to the fall and was still plowing at...
The plaintiff and defendant in this personal injury action brought motions for various production issues in advance of a trial. Justice Hackland held that the defendant was not required to produce the file from the medical assessment centre he used. Draft reports were covered by litigation privilege. If the defendant called any of the experts...
The plaintiff was injured in a motor vehicle accident, and brought an action for damages against the City of Toronto and two individual defendants. The allegations against the City related to its design of the intersection where the accident occurred. The accident occurred on March 28, 2015 and the City did not receive notice until...
This action arising from a motor vehicle accident settled in the month before the scheduled trial for $300,000 inclusive of pre-judgment interest, plus disbursements of $52,678, and costs. The parties could not agree on the amount to be paid for costs. The defendant argued that the commonly used 15-10-10 guideline should apply, which would equate...
The plaintiff was seriously injured at the defendant motor park while riding his four-wheel drive vehicle up a sand pit. He and three Family Law Act plaintiffs sued the occupiers of the premises and organizers of the event for damages. The defendants brought a motion for dismissal by summary judgment on the basis that the...
The plaintiff Owasco is an auto body shop. It rented a vehicle to Fitzgerald while his vehicle was under repair. Fitzgerald was operating the vehicle and was involved in a collision with a third party. All litigants agreed that the accident was the fault of the third party. Owasco, rather than submitting a claim to...
The plaintiff was injured in a 2002 motor vehicle accident. The Court of Appeal overturned the decision on the first trial. At this second trial, the jury awarded the plaintiff $40,000 in general damages. No damages were awarded for future healthcare expenses. The defendant argued that the plaintiff’s injuries did not meet the threshold. Justice...
The (then) 60 years old plaintiff was injured in a dog bite incident. The plaintiff suffered a rotator cuff tear and bicep tear. She continued to suffer restrictions in the left arm five years later, at the time of trial. Liability was not disputed as of the time of trial. Justice Speyer awarded general damages...
The 27 year old plaintiff suffered soft tissue injuries as a result of a rear-end motor vehicle accident in 2016. She went on to develop chronic pain and anxiety/adjustment disorder. After a 12-day judge-alone virtual trial, Justice Fowler Byrne concluded that the plaintiff satisfied the threshold, and that the plaintiff was entitled to: (1) gross...
After a liability trial in this environmental contamination action, Justice Bell awarded the plaintiff $1.2 million for diminution of property value and $91,307.21 for engineering expenses. Justice Bell awarded pre-judgment interest on these amounts under s. 128 of the Courts of Justice Act. The parties sought direction as to the operative date for the calculation...
The plaintiff suffered a property loss when its barn collapsed. The statement of claim for damages was issued more than two years after the date of the incident. The plaintiff argued that the claim was not discovered until it received an expert report explaining the reason for the loss. On a motion for summary judgment,...
After a trial lasting more than 140 days in this class action, the defendants were successful in beating their offers to settle, and as a result they obtained a costs award that totaled in excess of $3.4 million. The plaintiff resided in Poland and was impecunious. During the course of the litigation he received advances...
The plaintiffs’ house burned down while it was being built in 2012. They made a claim to their insurer under their home owners’ policy, which settled in 2013 for an amount less than the policy limit. They were allegedly advised by their insurer at the settlement meeting that they could sue their broker for negligence...
The plaintiff was injured in the process of being physically restrained by security guards at the London Hospital pursuant to a medical order. He sued the hospital and the security guards for damages, alleging that the restraint was unnecessary and the force used was excessive. He further alleged that the room that he was admitted...
This action arises from the alleged improper selection, design, and installation of a steam boiler at Sunnybrook Hospital. The boiler was installed in 2012, and the action was commenced in 2017. The defendants brought a summary judgment motion for dismissal of the action on the basis that it was barred due to the limitation period...
In Brewer v. Canada Corp No. 343827-9, Justice Bell of the Superior Court of Justice considered the merits of a motion for security for costs as a result of a Plaintiff being a resident outside of Ontario. Justice Bell ultimately decided that the Plaintiff was required to post security and that they shall not take...
The Supreme Court of Canada heard the matter of Corner Brook (City) v. Bailey in March of 2021. This appeal centered on the proper approach to interpreting the scope of a release and whether or not there is an interpretive rule that applies specifically to releases. Facts In March of 2009, the respondent, Mrs. Bailey,...
This personal injury action arose from a motor vehicle accident. The plaintiff sought pre-trial orders excluding surveillance, striking the jury notice, and notifying the jury of the deductible. Justice Fowler Byrne agreed to conditionally strike the jury (subject to jury availability when the trial began). With respect to the surveillance, Justice Fowler Byrne rejected the...
The plaintiff was injured while taking a shortcut between two commercial properties, when she tripped over a curb/retaining wall dividing the properties. She sustained fractures in her foot and ankle. The defendants brought a summary judgment motion seeking dismissal of the action on the basis that they met the applicable requirements under the Occupiers’ Liability...
