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.
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
