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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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...

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...

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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