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 plaintiffs in this motor vehicle accident case moved to amend the statement of claim to add parties after the presumptive two year limitation period had passed. Specifically, the plaintiff sought to add the owners/occupiers of a property adjacent to the accident location, alleging that foliage and signage blocked the view of motorists at the...
The plaintiff taxi licensees sought to bring a class proceeding against the City of Toronto for economic losses they claimed to have suffered due to the City’s alleged failure to enforce its by-laws against Uber and other similar private transportation companies. Justice Perell dismissed the motion for certification on the grounds that the claim did...
The plaintiff was an Ontario resident when he was injured by a Michigan resident, in Michigan. The plaintiff sued the defendant in Ontario, and did not initiate any proceedings in Michigan. The defendant brought a motion to dismiss or stay the action against her on the grounds of want of jurisdiction or, alternatively on the...
The plaintiffs sued the defendant doctors for alleged medical malpractice in relation to late-diagnosis of a condition that resulted in cognitive and physical disabilities. After a lengthy jury trial, the jury found that the defendants met the standard of care and dismissed the action. The plaintiffs appealed, seeking a new trial on the basis that...
In the case of Barker v. Barker, Justice Morgan outlines the harm suffered by the 28 plaintiffs who were patients at the Oak Ridge Division of the Penetanguishene Mental Health Centre from the mid-1960s until the early 1980s. The plaintiffs brought an action against the individual physicians as well as the Government of Ontario for...
Justice Perell’s reasons in Poirier v. Logan outline the importance of prompt disclosure of settlement agreements that change the landscape of the litigation. In this action, the Plaintiff had made a Settlement Agreement with one of the Defendants, but not all of them. Neither Plaintiff’s counsel nor the Defendant in question immediately disclosed the settlement...
The plaintiff was injured in a motor vehicle accident on Highway 401 and sued the owner and the operator of the vehicle that struck him for damages. The defendants issued a third party claim against the Province of Ontario. Nearly five years after Province delivered its defence, the defendants sought to add the contractor hired...
The plaintiff fell on a sewer grate hole and sued the City of Kingston for damages. The City brought a summary judgment motion, in which it relied on an expert report which concluded that the sewer grate met the applicable Ontario Provincial Standards Drawing when it was installed in 2001. Justice Rogers dismissed the motion,...
The plaintiff, his wife, and their three children were injured in a motor vehicle accident. They all commenced litigation. The plaintiff was driving at the time of the accident, so he had different counsel than his wife and children. The plaintiff initially claimed for only his own injuries/damages. The wife and children claimed for their...
This action arises from a motor vehicle accident. The statement of claim was issued in September 2016 and sought damages in the sum of $750,000.00. In February 2021 the plaintiff brought a motion seeking for the trial to proceed under Rule 76 Simplified Procedure, and to strike the jury. The plaintiff argued that his injuries...
The plaintiff was injured at his commercial horse stable. He alleged that his injuries were caused by the defendant’s horse, which he had been hired to stable and care for. The plaintiff had no memory of the incident and there were no witnesses to it. He was found on the ground with blood dripping from...
The Ontario Superior Court of Justice recently released the decision of Polgampalage v. Devani, where Justice Myers dismissed a consent motion to move a trial from Windsor to Toronto. Justice Myers noted that the affidavit drafted in support of the motion failed to provide the evidence necessary in order to meet the requirements of Rule...
In Louis v. Poitras, the Ontario Court of Appeal considered the fundamental changes that are being proposed for the civil justice system. As a result of the COVID-19 pandemic, trial courts have necessarily had to prioritize criminal and family law cases to the detriment of civil cases’ timely resolution. The 10-week jury trial in this...
The plaintiff was injured in a motor vehicle accident. He took early retirement under his union pension plan, and began receiving benefits at age 58 (rather than 65). The plan entitled a person of age 55 or older to take early retirement if he or she became totally and permanent disabled. The defendant asserted that...
The plaintiff settled with only one of the two defendants in the action. The terms of settlement involved the settling defendant reversing its pleaded position, switching sides, and joining cause with the plaintiff. The plaintiff and the settling defendant failed to immediately disclose the settlement to the non-settling defendant. Certain aspects of the settlement were...
The plaintiffs purchased a cottage property in the Township of Lake of Bays in 1999. The previous owner/seller had built the cottage between 1989 and 1991. The Township performed inspections around the time of the build. The plaintiffs initiated renovations to the cottage in 2012. During the renovation process, several latent defects were discovered and...
The plaintiffs were involved in two accidents: one took place in Ontario, and the other took place in Georgia, USA. They commenced an Ontario action for damages in relation to both accidents. The Georgia defendants brought a motion to dismiss the action as against them on the basis that Ontario courts did not have jurisdiction...
The defendants brought a motion to bifurcate the determination of liability and damages, which the plaintiff opposed. The Master granted the motion, which decision was upheld by Superior Court and Divisional Court. The Court of Appeal overturned the decision, holding that the Rules did not permit a Court to bifurcate liability and damages in a...
The plaintiff was injured in an assault by two unidentified assailants in the stairwell of a municipal parking garage. The City and the security company argued that they were not liable to the plaintiff for his injuries. Justice Turnbull held that the City and the security company were not liable. He held that the City...
The plaintiff truck driver alleged that he tripped and fell on uneven ground when he attended the defendant's premises to pick up a load. He alleged to have sustained serious injuries, and brought an action for damages. He did not advise the defendant of the incident until he served his statement of claim. There were...
Under O. Reg 73/20, all limitation periods in Ontario were suspended from March 16, 2020 to September 14, 2020. The Attorney General and interveners asked the court to make a declaration of right to clarify that the six month period of the temporary suspension is not to be counted in the calculation of the limitation...
