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 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...
The plaintiff slipped and fell in a walkway of Promenade Mall near the food court. She alleged that she fell because her shoe became stuck on something sticky on the walkway. She suffered significant injuries, including fractures to her face, skull, and left kneecap. There were no photographs or other objective evidence showing any sticky...
The primary issue in this case was whether a property owner who was not the “spiller” of chemicals could be liable for the migration of the contaminants onto a neighbouring property where it had knowledge of and allowed the migration to continue. The plaintiff was the former owner of a commercial property in Ottawa. It...
Justices Swinton, Corbett, and McKelvey of the Superior Court of Justice heard the appeal of Kyrylenko v. Aviva Insurance Canada from the decision of the License Appeal Tribunal (“LAT”) denying treatment plans for the appellant under section 38 of the Statutory Accident Benefits Schedule (“SABS”). The issue in this appeal is whether the adjudicator erred...
In Diperri v. The Wawanesa Mutual Insurance Company, Justice Myers of the Ontario Superior Court stayed the action and required the plaintiffs to advance their claim by way of appraisal under s.128 of the Insurance Act RSO 1990, c I.8. Background The plaintiff’s home suffered a water loss on July 8, 2013. The defendant, Wawanesa...
In the case of Jaji and Danno v. Singh, Master Graham of the Superior Court of Justice concluded that the plaintiffs acted reasonably in refusing to sign a consent form without the opportunity to consult their counsel prior to doing so. The defendant’s motion for an Order that the plaintiffs pay the cancellation costs of...
The plaintiff slipped on snow/ice on a walkway near a construction site for the City of Toronto’s extension of the TTC subway system. She had witnessed contractors cleaning snow in the area just before walking through the walkway. She slipped and fell on what she believed to be a snow-covered patch of ice. The plaintiff...
The plaintiff was injured when he fell 15 feet into a rocky creek bed while taking a shortcut over a railway trestle. He sustained serious injuries and sued Canadian National Railway (which owned the railway lands) and the City of Quinte West (which conducted certain lawn maintenance on adjacent land). The plaintiff sued the City...
The plaintiff was a physiotherapist at the defendant’s clinic. In the course of work, she was shocked by a frayed plug on an electrical adjustable bed. She alleged that she suffered chronic pain, concussion, headaches, neck pain, sleep difficulties, and poor concentration due to the incident. She sued the defendant for damages and her parents...
This action arises from a motor vehicle accident. The defendant driver, Pellerin, was employed by the defendant Slavko Concrete Finishing at the time. Pellerin’s employment was governed by a collective agreement. On January 31, 2013, Slavko sent Pellerin and other tradesmen to finish pouring concrete at a site in Petawawa. Pellerin lived in Ottawa. The...
This action arises from a slip and fall on a municipal sidewalk in front of the post office in Huntsville. The plaintiff sued Canada Post for damages. Canada Post initiated third party claims against two parties, and two additional parties were added by fourth party claims. Following discoveries, the plaintiff moved for leave to amend...
The plaintiff suffered a torn ACL and MCL while playing dodgeball trampoline at Skyzone. She sued Skyzone for damages. Skyzone moved for summary judgment based on the terms of a waiver and release of liability signed by the plaintiff. Justice Myers held that the waiver specifically applied to the claims made against Skyzone, and dismissed...
The plaintiffs’ daughter was severely injured in a fire. The plaintiffs ultimately had to made the decision to remove her from life support given that she did not have brain activity. The plaintiffs sued the landlord of their daughter’s apartment for damages. At trial the jury awarded $250,000 in damages to each the mother and...
