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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February 26, 2020

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Lee v. Castro, 2020 ONSC 1257

The plaintiff alleged to have sustained injuries in a motor vehicle accident and commenced an action for damages against the driver of the other vehicle involved in the accident. The accident took place on January 25, 2017, and the statement of claim was issued on January 25, 2019. Several months later, in November 2019, the...

February 24, 2020

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Murphy v. Toronto and Region Conservation Authority, 2020 ONSC 1189

The plaintiff sustained injuries as a result of an incident on a Toronto bike path and commenced an action for damages against the City of Toronto and Toronto Region and Conservation Authority. The plaintiff brought a motion to compel answers to certain refusals given at the defendants' examinations for discovery. Master Robinson held that post-incident...

February 6, 2020

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Lloyd v. Bush, 2020 ONSC 842

The plaintiff sustained injuries in a motor vehicle accident and sued the County of Lennox and Addington and the Town of Greater Napanee (and others) for the subject roadway being in a state of non-repair due to snow. Justice Mew held that the road in question was in a state of non-repair. He was persuaded...

February 4, 2020

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Loye v. Bowers, 2020 ONSC 782

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages. Following a 21 day trial, the plaintiff was successful on the issue of liability, however the plaintiff was awarded only $10,000 in general damages, and nothing for loss of income. Justice Turnbull found that the defendant was substantially successful in...

February 2, 2020

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Onley v. Town of Whitby, 2020 ONSC 20

The plaintiff suffered an electrical shock injury at a soccer game at a municipal park. She sued the Town of Whitby for damages. Justice Koke dismissed the claim, holding that the harm to the plaintiff was not a known or reasonably foreseeable harm. Even if the harm had been reasonably foreseeable, Justice Koke found that...

January 31, 2020

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Syed v. Petrie, 2020 ONSC 664

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages. The defence served surveillance on plaintiffs' counsel 7 and 4 days before trial. A number of surveillance reports from earlier periods had already been served well before trial. The most recent surveillance captured the plaintiff's use of a snow blower...

January 30, 2020

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McGowan v. Green, 2020 ONSC 686

The court held that an Ottawa plaintiff was not required to travel to Mississauga for a defence medical examination, where evidence before the court indicated that the length of the trip may aggravate the plaintiff's condition.

January 20, 2020

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Panchyshyn v. Hammond, 2020 ONSC 381

The plaintiffs were the parents and siblings of the deceased, 21 year old Nolan Pachyshyn. The deceased was killed (likely murdered) by the two defendants. The defendants were noted in default and the allegations against them were deemed admitted. The plaintiffs all sought the maximum FLA damages available under the case law set out in...

January 16, 2020

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Robichaud et al. v. Constantinidis et al., 2020 ONSC 310

Following the trial in this matter, which arose from injuries the plaintiff sustained in a motor vehicle accident, Justice Schabas awarded the defendant costs in the sum of $131,980.35. The defendant sought production of plaintiff's counsel's adverse costs insurance policy pursuant to Rule 30.92. Counsel for the plaintiff objected on the ground that the plaintiff...

January 10, 2020

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Casterton v. MacIsaac, 2020 ONSC 190

The plaintiff sustained injuries as a result of being hit in a recreational hockey game. The plaintiff suffered a concussion and other injuries. Justice Gomery found the defendant liable for the plaintiffs injuries and awarded $100,000 in general damages (less $37,000 paid by the league in an earlier settlement), $199,512 in past loss of income,...

January 8, 2020

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Karpouzis v. Toronto (City of), 2020 ONSC 143

The plaintiff in Karpouzis v. Toronto (City) was injured while skateboarding in a City park at night; he suffered a serious brain injury and has not returned to work in the eight years since the accident. The City brought a summary judgment motion, arguing that it was not liable for the plaintiffs injuries under the...

December 23, 2019

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Tahir v. Mitoff, 2019 ONSC 7298

The plaintiffs in this case were family members of a deceased woman, who alleged medical malpractice by the defendants and claimed damages pursuant to the Family Law Act. Justice Wilson dismissed the action on the basis that negligence and causation were not proven. Justice Wilson went on to consider the claims for damages. For FLA...

December 11, 2019

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Mundinger v. Ashton, 2019 ONSC 7161

The plaintiff sued following a 2010 motor vehicle accident, when she was 19 years old. She alleged to have sustained soft tissue injuries, which resulted in ongoing issues with pain and psychological trouble. The jury awarded $29,000 for past loss of income, $4,000 for future loss of income, and $20,000 for general damages. Justice Charney...

December 6, 2019

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McCallum v. Jackson, 2019 ONSC 7077

The plaintiff was injured while participating in an Ironman Triathlon. His bike came into contact with a motor vehicle. The plaintiff sued the driver of the vehicle and Ironman. The driver of the vehicle made a crossclaim against Ironman. Upon considering the waiver signed by the plaintiff, the plaintiff discontinued his claim against Ironman. However,...

December 3, 2019

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Burns v. RBC Life Insurance Co., 2019 ONSC 6977

The plaintiff sued in relation to a disability benefits policy issued by RBC. In addition to suing RBC, he sued the two adjusters who administered his claim. The adjusters brought a motion to strike. RBC brought a motion that the plaintiff be examined before RBCs representative. Justice Perell granted the both motions. Regarding RBCs motion,...

December 3, 2019

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Lambert v. Maracle, 2019 ONSC 7003

This claim arose from a single-vehicle accident. The plaintiff suffered catastrophic brain injuries. He sued the alleged driver of the vehicle (who denied being in the vehicle at the time), as well as Aviva, his underinsured/uninsured/OPCF44 protection provider. Aviva had sworn an affidavit of documents (AOD) in July 2017 and served it in June 2019,...

December 3, 2019

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Sarno v. Murphy, 2019 ONSC 7008

The plaintiff alleged to have sustained injuries resulting in chronic pain as a result of a motor vehicle accident. The plaintiff sued the defendant driver for damages. Following trial, the jury awarded the plaintiff $36,000 in gross general damages. The plaintiff recovered nothing after application of the statutory deductible. The defendant had made an offer...

November 26, 2019

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Hadzic et al. v. Croxford, 2019 ONSC 6839

The plaintiff sustained injuries as a result of a motor vehicle accident and advanced a chronic pain case at trial. The jury awarded $15,000 for general damages, $35,000 for future medications, and $5,000 for future psychotherapy. Nothing was awarded for past or future income or future care costs. The plaintiff appealed, arguing that the damages...

November 13, 2019

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Curwen v. Srivathsan, 2019 ONSC 6547

The plaintiff sustained injuries as a result of a dog bite incident and commenced an action for damages against the dog owners. The action was undefended and the only issue at trial was the quantum of the plaintiff's damages entitlement. The plaintiff sustained multiple claw marks, puncture wounds, and scars to her face, neck, and...

November 12, 2019

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Ashburn et al. v. Storrey, 2019 ONSC 6486

The 65 year old plaintiff suffered chronic pain and headaches as a result of a motor vehicle accident. The jury awarded $62,500 for general damages; $0 for past and future loss of income; $2,500 for out of pocket expenses; and $23,400 for future healthcare costs. On the threshold motion, Justice Mitchell held that the plaintiff...

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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