Commercial/Tort Case Law Summaries

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.

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July 8, 2020

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Scace v. Withers et al., 2020 ONSC 90

The plaintiff homeowner brought a subrogated claim against renovators working on his neighbours home, who caused structural damage to the plaintiffs property. The plaintiff brought a motion to amend the statement of claim to substitute a 'John Doe' contractor with the correct contractor name. The motion was brought more than two years after the loss...

July 8, 2020

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Carmichael v. GlaxoSmithKline Inc., 2020 ONCA 447

The Court of Appeal was asked to interpret s.7(1)(a) of the Limitations Act, 2002, which provides that a two-year limitation period does not run during any time in which the person with the claim is incapable of commencing a proceeding in respect of the claim because of his or her physical, mental or psychological condition....

July 7, 2020

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Moxam v. Anderson, 2020 ONSC 4173

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages against the driver of the vehicle in which he was a passenger at the time (among others). That driver was going through an intersection when he collided in a T-bone fashion with another defendant's vehicle, which had failed to stop...

June 2, 2020

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White v. The Corporation of the Town of Bracebridge, 2020 ONSC 3060

The plaintiff discovered deficiencies in his home and sued the former homeowner/builder and the local municipality for damages arising from breach of the Ontario Building Code and negligence. The defendants crossclaimed against each other. The plaintiff obtained judgment against the defendants. Only some of the damages were subject to joint and several liability as between...

June 1, 2020

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Tuffnail v. Meekes, 2020 ONCA 340

The plaintiff was severely injured in a motor vehicle accident after he and the driver of his vehicle were overserved at a wedding. The trial judge originally concluded that the OPCF-44 defendant, State Farm, was required to pay $800,000.00 (being the $1 million auto insurance limit less the $200,000.00 available from the driver). The Court...

May 29, 2020

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Kelkas v. Kilicaslan et al, 2020 ONSC 3596

The plaintiff commenced three actions in relation to personal injuries arising from a motor vehicle accident: (1) a tort action against the at fault driver; (2) an action against Allstate under the OPCF44; and (3) an action against his former solicitor based on the AB settlement (claiming it was too low). The defendants in all...

May 14, 2020

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Noori v Liu, 2020 ONSC 3049

The plaintiff was injured in a 2013 motor vehicle accident. She alleged to have chronic pain as a result of her injuries. Following the trial, the jury awarded the plaintiff $40,000.00 in general damages. The jury did not award the plaintiff anything for her claims for lost income, loss of competitive advantage, loss of housekeeping...

May 6, 2020

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Stirrett v. Cheema, 2020 ONCA 288

The plaintiff was the wife of the deceased, who died during a cardiac procedure. He was taking part in a clinical research study. The plaintiff sued the doctors who performed the cardiac surgery and the medical researcher who headed up the clinic study. At trial, the jury dismissed the claims against the physicians. The claim...

May 4, 2020

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Arconti v. Smith, 2020 ONSC 2782

The plaintiffs wished to examine the defendant in advance of an approaching mini-trial. Due to social distancing measures in place due to the COVID-19 pandemic, it was not possible for the examination to take place in person. The plaintiffs objected to a videoconference examination and requested a delay in the proceedings until the requirement for...

April 21, 2020

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McNamee v. Oickle, 2020 ONSC 2371

The plaintiff had extensive pre-accidence issues with alcoholism, depression, and pain. She suffered soft tissue injuries in an MVA and alleged that all of her subsequent health issues were caused by the accident. At trial, the jury awarded $30,000 in general damages, $2,500 in loss of housekeeping capacity, $3,900 for massage/physiotherapy treatment, and $240 for...

April 21, 2020

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Girao v. Cunningham, 2020 ONCA 260

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages. At trial, the jury awarded $45,000 in general damages and $30,000 in loss of income. The trial judge found that the plaintiff did not meet the threshold and that the accident benefits paid out reduced the income loss award to...

April 3, 2020

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Mundinger v. Ashton, 2020 ONSC 2024

At trial the plaintiff in this MVA action failed to recover any damages after application of the statutory deduction, and deduction of accident benefits. The defendant sought and was awarded $160,000 in costs. The plaintiffs primary argument was that her adverse costs insurance only covered up to $100,000. Justice Charney rejected that fact as being...

March 25, 2020

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Beniuk v. Leamington (Municipality), 2020 ONCA 238

The plaintiffs are homeowners in the municipality of Leamington. They allege that their home suffered property damage as a result of increased truck traffic on the road near their home. They argued, among other things, that s.44 of the Municipal Act applied and the municipality was liable for damage to the home. The claim was...

March 24, 2020

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Cowley v. Skyjack Inc. et al., 2020 ONSC 1718

The plaintiff was injured in the course of his employment and sued a number of defendants. He received LTD benefits. The defendants brought a pre-trial motion regarding the deductibility of LTD benefits from any damages for income loss awarded by the jury. Justice Corthorn held that because the LTD provider had a right of subrogation...

March 18, 2020

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Vahle v. Global Work & Travel Co. Inc., 2020 ONCA 224

The plaintiffs were injured while working in Thailand as ESL teachers. They were involved in an MVA unrelated to the work, and one of them died from her injuries. The plaintiffs commenced an action in Ontario against the defendant, a BC company, which advertised the jobs to the plaintiffs. The plaintiffs claimed damages for breach...

March 12, 2020

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American Environmental Container Corp. v. Kennedy, 2020 ONSC 1662

The plaintiffs brought a motion for a status hearing pursuant to Rule 48.14(5) and sought an order extending the deadline for setting the action down for trial. The defendants opposed the relief sought and requested that the action be dismissed for delay. Master Muir dismissed the action. While he was satisfied that the defendants had...

March 11, 2020

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Florence v. Benzaquen, 2020 ONSC 1534

The plaintiff gave birth to triplets prematurely, who were diagnosed with cerebral palsy. The plaintiff and the triplets sued her OBGYN in relation to prescription of a certain fertility drug prescribed prior to conception of the triplets. The defendant OBGYN brought a motion to strike the claims of the triplets, arguing that a person cannot...

March 10, 2020

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Faltas v. Macerollo, 2020 ONSC 1450

The plaintiffs were injured in a motor vehicle accident. In addition to suing in their personal capacity, the corporation through which they provided services as pharmacists sued for damages. One of the plaintiffs was an excluded driver on the auto policy, and was seated in the stationary and inoperable vehicle when it was rear-ended. That...

March 6, 2020

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London Transit Commission v. Eaton Industries (Canada) Company, 2020 ONSC 1413

The plaintiff sued London Transit Commission (LTC) for environmental contamination. LTC was served with the statement of claim on May 22, 2013. LTC issued a third party claim against Eaton (the former owner of the land) on March 16, 2016. Eaton brought a motion for summary judgment, arguing that the claim was barred by the...

March 3, 2020

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McNamee v. Oickle, 2020 ONSC 1380

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages. Following a multiple-week trial, the jury awarded the plaintiff $15,000 for general damages, $2,500 for past housekeeping, $0 for medication, $3,100 for past treatment, and $2,500 for the FLA claimants non-pecuniary claim. The plaintiff had numerous long-standing medical issues before...

March 2, 2020

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Fernandez v. All State Insurance, 2020 ONSC 1356

All State brought a successful motion for security for costs in this action arising from a motor vehicle action. The plaintiff moved to Angola three years after the underlying accident and had not returned to Canada since. Examinations for discovery were conducted by video conference. On the motino, the plaintiff failed to lead sufficient evidence...

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Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1850

smilne@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP