• Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
Menu
  • Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

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 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.

Search
Generic filters
December 4, 2018
/
tgp-admin

Cadieux v. Cloutier, 2018 ONCA 903

The plaintiff was struck by a motor vehicle as a pedestrian. He received Statutory Accident Benefits (SABs) from his no-fault insurer and also brought a tort action for damages against the driver of the vehicle that struck him and the individual who pushed him into the vehicle's path. At trial, the jury awarded the plaintiff...
Read More
November 30, 2018
/
tgp-admin

Grech v. Scherrer, 2018 ONSC 7206

This action arose from an alleged assault on the plaintiff by his neighbour. At trial, the defendant sought to rely upon surveillance he took of the plaintiff prior to the alleged assault, both on cross-examination and as substantive evidence. The plaintiff argued that the videos constituted intrusion upon seclusion. Justice McKelvey confirmed the requirements for...
Read More
November 26, 2018
/
tgp-admin

Gero v. Silcox (2018, ONSC)

The plaintiff was asleep in a car in a parking lot when he was rear ended by the defendant. At the commencement of trial, the only remaining issue was the plaintiff's entitlement to and quantum of general damages. The defendant brought a threshold motion. The plaintiff did not serve any expert medical reports. He intended...
Read More
November 16, 2018
/
tgp-admin

Bonello v. Gores Landing Marina, 2018 ONSC 2237

The court granted summary judgment to third party participants of a game of tug of war which resulted in amputation of the plaintiff's arm. The plaintiff sued the owner of the campground where the game took place and its principal, claiming they were liable as occupiers and also vicariously liable for the actions of the...
Read More
November 7, 2018
/
tgp-admin

Imeson v. Maryvale (Maryvale Adolescent and Family Services), 2018 ONCA 888

At trial, the defendant was found vicariously liable for sexual abuse alleged to have been committed against the plaintiff by its former employee. The defendant appealed on the basis that the trial judge erred in admitting the opinion evidence of a mental health clinician who gave evidence at trial as a participant expert. The court...
Read More
November 7, 2018
/
tgp-admin

Williams v. Richard, 2018 ONCA 889

The defendant hosted his late friend for after-work drinks at his mother's home. The friend consumed 15 cans of beer in three hours before driving home and loading his children and baby sitter in his vehicle to drive the baby sitter home. On the way back to his residence, the friend was involved in a...
Read More
November 5, 2018
/
tgp-admin

Ismail v. Fleming, 2018 ONSC 6615

This personal injury action arose from a 2009 motor vehicle accident. Trial commenced with jury selection on October 1, 2018. On October 31, 2018, after four weeks of evidence before a jury, Justice Leach declared a mistrial when it became evident that the trial duration estimate provided by and confirmed by counsel was inadequate and...
Read More
October 25, 2018
/
tgp-admin

Cannito v. Madison Properties Inc., 2018 ONSC 6190

The plaintiff sustained injuries as a result of tripping on a speed bump in a parking lot owned by the defendant and commenced an action for damages. The parties agreed on damages and the matter proceeded to trial for determination of liability. The plaintiff admitted that she did not know what caused her to trip...
Read More
October 22, 2018
/
tgp-admin

Kushnir v. Macari, 2018 ONSC 6128

The plaintiff was struck by a motor vehicle as a pedestrian crossing a private access road near a Loblaws store. She was not crossing in a demarcated crosswalk at the time. The defendant "occupiers" of the area where the collision took place sought to have the claims against them dismissed on a motion for summary...
Read More
October 22, 2018
/
tgp-admin

Watt v. Bissonnette, 2018 ONSC 6258

The plaintiff was 21 years of age when she was involved in a motor vehicle accident. She sustained soft tissue injuries, and as of the time of trial had persistent pain in her right shoulder and neck with tingling in her hands and arms. The defendants denied that the plaintiff's ongoing symptoms were caused by...
Read More
October 16, 2018
/
tgp-admin

Enclosures Direct Inc. v. Google, Inc., 2018 ONSC 6089

Pursuant to Rule 16.02 of the Rules of Civil Procedure, service of an originating process on a corporation may be effected by leaving a copy with an officer, director or agent of the corporation or with a person at any place of business of the corporation who appears to be in contral or management of...
Read More
October 15, 2018
/
tgp-admin

Halley v. TTC, 2018 ONSC 6093

The plaintiff alleged to have sustained damages as a result of a slip and fall incident on a TTC bus. As of the time of trial, the plaintiff had failed to comply with an interlocutory costs order and failed to produce any evidence to establish her entitlement to damages. At trial, she intended to rely...
Read More
October 15, 2018
/
tgp-admin

Aldea v. Levy, 2018 ONSC 6162

In this case, the Plaintiff listed numerous documents in Schedule "A" of her Affidavit of Documents, but refused to produce a number of them for inspection as they were not in her possession (i.e. doctor's records). The Plaintiff advised that she would produce the documents if the Defendant agreed to pay for them. The court...
Read More
October 11, 2018
/
tgp-admin

Isacov v. Schwartzberg, 2018 ONSC 5933

In this personal injury action, the defendant obtained an investigator's report which contained screen captures from the Instagram account of the plaintiff's friend. The photos depicted the plaintiff engaging in activities which she claimed to assessors she was not capable of engaging in as a result of her injuries. The defendant brought a motion for...
Read More
October 9, 2018
/
tgp-admin

Clublink v. Oakville, 2018 ONSC 5957

In this case, the Respondent filed a supplementary affidavit five weeks after the conclusion of cross-examinations for an application. Under Rule 39.02(1) of the Rules of Civil Procedure, a party may only cross-examine the opposing side's affiants once it has served every affidavit on which it intends to rely. The court reviewed the applicable jurisprudence...
Read More
October 1, 2018
/
tgp-admin

Paterson v. Skyline Hotels and Resorts Inc., 2018 ONSC 5716

The Plaintiff was seriously injured in a snowboarding accident at a resort owned by the Defendant Skyline. He sued Skyline, the individual who struck him on the ski hill, and the school board that had arranged the trip. After suffering his injury, the Plaintiff was kept at Bellwoods Centre for Community Living. In a separate...
Read More
October 1, 2018
/
tgp-admin

Aviva Insurance Company v. Wawanesa Mutual Insurance Company, 2018 ONSC 5778

The Defendant in the related action, Maroof Mahamood, had been asked by his employer, Fine Furnishings (insured by Wawanesa) to perform some furniture deliveries. Mr. Mahamood rented a truck from New Horizons Car Truck Rentals (insured by Aviva). Mr. Mahamood did not have insurance of his own. Justice Nakatsuru concluded that Aviva was the first...
Read More
September 28, 2018
/
tgp-admin

Ozimkowski v. Raymond, 2018 ONSC 5779

The Plaintiff was involved in a rear-end MVA on a rural road in Lanark County. The road was icy at the material time. The Defendant driver commenced a third party claim against the County. The Plaintiff did not assert a claim against the County. The Plaintiff moved for partial summary judgment against the Defendant driver....
Read More
September 25, 2018
/
tgp-admin

Wray v. Pereira, 2018 ONSC 5662

The Plaintiff was a 67 year old male with chronic right knee pain. At trial, he testified that he currently experienced chronic pain in his right knee, could not walk or run long distances, and had difficulty climbing stairs. He had a constant limp and was no longer able to perform his pre-accident home renovation...
Read More
September 24, 2018
/
tgp-admin

Sheldon v. Reyna, 2018 ONSC 5611

The Plaintiff was a senior engineer at Canada Post and 51 years old at the time of the MVA (she was rear-ended at about 30 km/h). The Plaintiff sustained soft tissue injuries leading to chronic pain, adjustment disorder, and somatic symptom disorder. The Plaintiff stopped working six years after the MVA due to her medical...
Read More
September 21, 2018
/
tgp-admin

Canadian Natural Resources Limited v. Wood Group Mustang (Canada ) Inc. (IMV Projects Inc.), 2018 ABCA 305

This Alberta Court of Appeal decision deals with Pierringer agreements in the context of fault allocation in the negligent construction and operation of a pipeline. With respect to Pierringer agreements, all three Justices upheld the existing rule "that a settling Plaintiff must account to the non-settling Defendant for any recovery in excess of its actual...
Read More
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11

Contact Us

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

416.507.1800

416.507.1850

smilne@tgplawyers.com

  • Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Subscribe to get TGP’s case summaries straight to your inbox

Subscribe to get TGP’s case summaries straight to your inbox

  • Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

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

416.507.1800

416.507.1850

smilne@tgplawyers.com

  • Disclaimer
  • Privacy Policy
  • Statement of Principles

© 2020 Thomas Gold Pettingill LLP