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 tort personal injury files. Assembled by Sarah Jones, Natasha O'Toole, and Chris Schnarr, each case is reviewed, briefly summarized, and categorized for easy access.
Two plaintiffs died in a motor vehicle accident wherein the defendant driver intentionally drove into a river. The third plaintiff survived with injuries, and the fourth plaintiff was the mother of the deceased plaintiffs. The father of the deceaseds commenced a separate action for damages. Aviva insured the defendant driver at the material time and...
In this post-trial ruling, the court considered the deductibility of past and ongoing LTD payments from the plaintiff's trial award for loss of income. Justice Corthorn held that the defendant was entitled to deduct any tax withheld from the LTD provider from the loss of income award, and the defendant was entitled to a top...
This case involved the cost of future health care services from the plaintiff's statutory accident benefits (AB) insurer. Justice Corthorn held that the defendant was entitled to an assignment as of the date of the jury verdict, and the plaintiff was entitled to reimbursement from the defendant for the reasonable costs he incurs between the...
The Basilian Fathers of Toronto appealed the jury verdict in this historical sexual abuse case, as well as an order for prejudgment interest. The Basilians argued that the jury instruction on how to assess damages for past loss of income was wrong, the punitive damages award was excessive, and prejudgment interest ought not to have...
The plaintiff was injured in a four-vehicle accident and commenced an action for damages against the drivers/owners of the vehicles that struck him. Following a nine day trial, the jury awarded the plaintiff nothing. The plaintiff had been involved in three subsequent motor vehicle accidents. The experts he called had not provided treatment prior to...
The plaintiff sustained injuries as a result of a motor vehicle accident and commenced an action for damages against the driver of the other vehicle involved in the accident. The defendant moved for summary judgment based on evidence provided by a dashboard mounted video camera in his car. Justice Koehnen held that the dashcam footage...
The plaintiff sustained soft tissue injuries as a result of a rear-end motor vehicle accident and sued the defendants for damages. She had a history of pre-existing pain issues. Following a four week trial, the jury awarded the plaintiff $35,000 in general damages and $20,000 in past loss of income. No damages were awarded for...
The plaintiff attended the defendant hospital for treatment of a wrist injury. Five days later she received a mailed copy of an x-ray report showing a wrist fracture, which was unsigned. Approximately three years later, she reached the age of majority. Nearly two years after that, she commenced an action for damages against the defendant...
The respondents rented their home to another couple in January 2008. Six months later, a fuel tank located outside of the home failed and spilled its contents. The tank was manufactured for indoor use only and had been on the property since before the respondents purchased it. The appellant Ultramar supplied fuel to the tank...
The plaintiff sought damages for historical physical and sexual abuse by his stepfather. As of the time of trial, the defendant had been criminally convicted of assault, sexual assault, and sexual interference, which the civil trial court relied on to establish liability for the intentional torts alleged by the plaintiff. The court accepted that the...
The plaintiff's daughter, a minor, was injured in a car accident and sued him for negligent parenting. She alleged that he was negligent in permitting her to be transported in the motor vehicle of an impaired driver. The plaintiff's insurer, the defendant, denied coverage on the basis that the alleged parental negligence complained of did...
At the trial of this motor vehicle accident case, the defence was not permitted to show the jury as substantive evidence: (1) video surveillance evidence; and (2) 20 of the plaintiff's Facebook posts. The defendant appealed on the basis that the exclusion of this evidence was wrong in law and led to a miscarriage of...
The Court of Appeal held that business interruption claims are not subject to a rolling limitation period. The appellant insureds commenced two actions for insurance coverage under a CGL policy issued by the respondent insurer, which provided coverage for "direct loss from any Peril" including business interruption loss and loss of property due to theft...
In a decision on settlement approval, which included an order for costs, Justice Morgan did not indicate when precisely the costs payment was due. In this decision, Justice Morgan noted that the understanding is that court orders are effective immediately. As a matter of ordinary business practice, money is typically to be paid within 30...
Following the trial in this matter, the plaintiff was awarded damages in the sum of $205,000. Costs against the defendants were fixed at approximately $380,000. In the costs decision, Justice Hurley rejected the defendant's arguments on proportionality of damages to costs - particularly in light of the facts that the defendant admitted liability; the defence...
The plaintiff was in a motor vehicle accident and made a claim to her own insurer for accident benefits. The insurer determined that the plaintiff suffered catastrophic injuries and the plaintiff settled with the insurer for $1.8 million. The plaintiff brought an action in tort seeking damages from the driver and owner of the other...
The defendant in a small claims action brought an anti-SLAPP motion to dismiss pursuant to s. 137.1 of the Courts of Justice Act. The deputy judge dismissed the action. The plaintiff appealed the decision on the merits. On appeal, both parties and the Attorney General for Ontario (who was invited to make submissions) made submissions...
The plaintiff was injured as a result of a motor vehicle accident. The defendant driver was suffering psychiatric impairments at the time of the accident. He stole his mother's vehicle and struck the plaintiff vehicle head-on. The defendant driver and his mother both moved for summary judgment. The defendant driver took the position that he...
The plaintiff was in a motor vehicle accident on August 17, 2019. She commenced an action for damages on November 24, 2014. The defendant argued that the claim was statute-barred due to the expiry of the applicable limitation period. The plaintiff argued that the claim was not discoverable until late 2012 because that was when...
This action arose from a motor vehicle accident. At the pre-trial conference, Justice Trimble awarded costs in the amount of $1,000 against the defendant. The conference was attended by the plaintiff, the plaintiff's counsel, the defendant's counsel, and a representative of the defendant's automobile insurer who defended the action on behalf of the defendant. The...
The plaintiffs claimed that cracks appeared in the walls of their commercial premises as a result of the construction of a high rise condominium on an adjacent property. The construction was completed on June 9, 2015. The plaintiffs' claim to their insurer for repair was denied in 2014. This action against the defendant constructors of...
