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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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...

November 8, 2019

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Barresi v. Jones Lang Lasalle Real Estate Services Inc., 2019 ONCA 884

The parties had divided success at the trial of this breach of contract case. Despite the plaintiffs beating their Rule 49 offer to settle, the trial judge deviated from the presumptive costs entitlement principles under Rule 49 on the bases that: (1) there was divided success at trial; and (2) one of the plaintiffs acted...

October 31, 2019

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Bernard v. Lamarsh, 2019 ONSC 6327

The plaintiff alleged to have sustained damages as a result of a motor vehicle accident. The defendant admitted liability but argued that the minor collision could not have caused the lasting injuries alleged by the plaintiff. After a two week trial, the jury awarded the plaintiff $10,000 for general damages and $14,000 for past loss...

October 29, 2019

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De Brito v. Demeester, 2019 ONSC 6253

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...

October 28, 2019

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Nemchin v. Green, 2019 ONSC 6243

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...

October 28, 2019

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Rolley v. MacDonell, 2019 ONSC 6244

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...

October 25, 2019

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MacLeod v. Marshall, 2019 ONCA 842

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...

October 23, 2019

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MacFarlane v. Tazmerita, 2019 ONSC 6160

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...

October 18, 2019

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Dainov v. Lee, 2019 ONSC 5993

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...

October 17, 2019

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Robichaud et al. v. Constantinidis et al., 2019 ONSC 5995

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...

September 24, 2019

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Rumsam v Pakes, 2019 ONCA 748

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...

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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