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.
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...
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...
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.
The plaintiff Jonas and the defendant Elliott were neighbours. In November 2014, the two were at a buck and doe party at a local facility owned by the defendant City of Stratford, and hosted by the defendant Goudy. Within a short time of their mutual attendance, Elliott saw his wife dancing with Jonas and proceeded...
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...
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...
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,...
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...
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...
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...
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,...
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,...
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,...
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...
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...
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...
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...
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...
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...
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...
