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.
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...
The plaintiff was injured in an exercise class while using a bouncing air-filled ball for a slam ball exercise. Following a trial, Justice Brown held that the defendant fitness club met the applicable standard of care. First, the slam ball exercise was not inherently dangerous or complicated. The use of an air-filled ball for the...
This action arises from personal injury related to a pressure cooker. The plaintiff sued Amazon, Instant Brands, and GD Midea. GD Midea was the manufacturer of the pressure cooker and was located in China. GD Midea’s insurer was aware of the claim and had appointed counsel, but argued that because service was not done in...
The plaintiff was shot by two police officers while in an alleged mental crisis. The plaintiff and FLA claimants sued the two police officers, three police chiefs, and various John Doe police officers. The plaintiffs claimed damages, including punitive and aggravated damages. The defendants moved to strike the claims against the police chiefs and the...
The plaintiff was injured as a pedestrian, when she was struck by an unidentified truck in November 2014. She sustained a mild concussion and soft tissue injuries. Following a trial, a jury awarded her $75,000 in general damages, and awarded her husband $10,000 in damages pursuant to the Family Law Act. The plaintiff was found...
The plaintiff was injured in a motor vehicle accident in 2015. A judge-alone trial proceeded on damages only. The plaintiff was 46 at the time of the accident, and was 52 at the time of trial. She suffered chronic pain syndrome and became highly dependent on medications and alcohol to alleviate her pain. She attempted...
The plaintiff was injured in a motor vehicle accident and brought a personal injury action. The initial statement of claim in 2018 sought $1 million in damages. The defendant insurer had limits of $200,000 for unidentified motorist coverage. The insurer filed a jury notice with its statement of defence. In 2021, the plaintiff brought a...
The defendant physician was found negligent by a jury. The plaintiff was awarded damages, which included damages for past loss of income. The defendant brought a motion to deduct the LTD and pension contribution benefits the plaintiff had received, from the award of damages for past loss of income. Justice Sanfilippo dismissed the motion, holding...
The plaintiff was injured in a slip and fall. The plaintiff was a resident of the apartment that owned the parking lot where she fell. Her lease contained a waiver of liability in favour of the apartment owners and property managers. The plaintiff brought a motion seeking a determination as to whether the landlord defendants...
The plaintiff’s home was damaged in a fire and she made a claim to her home insurer, Allstate. The plaintiff and Allstate settled the claim. The plaintiff was later unhappy with the settlement, and (together with her husband) commenced an action against Allstate and adjusting company, Sobel, alleging that the settlement was unfair. Allstate and...
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...
