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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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September 4, 2019
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Donleavy v. Ultramar Ltd., 2019 ONCA 687

The respondents rented their home to another couple in January 2008. Six months later, a fuel tank located outside of the home failed and spilled its contents. The tank was manufactured for indoor use only and had been on the property since before the respondents purchased it. The appellant Ultramar supplied fuel to the tank...
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August 14, 2019
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D.S. v. Quesnelle, 2019 ONSC 3230

The plaintiff sought damages for historical physical and sexual abuse by his stepfather. As of the time of trial, the defendant had been criminally convicted of assault, sexual assault, and sexual interference, which the civil trial court relied on to establish liability for the intentional torts alleged by the plaintiff. The court accepted that the...
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August 14, 2019
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Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656

The plaintiff's daughter, a minor, was injured in a car accident and sued him for negligent parenting. She alleged that he was negligent in permitting her to be transported in the motor vehicle of an impaired driver. The plaintiff's insurer, the defendant, denied coverage on the basis that the alleged parental negligence complained of did...
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July 31, 2019
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Nemchin v. Green, 2019 ONCA 634

At the trial of this motor vehicle accident case, the defence was not permitted to show the jury as substantive evidence: (1) video surveillance evidence; and (2) 20 of the plaintiff's Facebook posts. The defendant appealed on the basis that the exclusion of this evidence was wrong in law and led to a miscarriage of...
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July 31, 2019
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Marvelous Mario's Inc. v. St. Paul Fire and Marine Insurance Co., 2019 ONCA 635

The Court of Appeal held that business interruption claims are not subject to a rolling limitation period. The appellant insureds commenced two actions for insurance coverage under a CGL policy issued by the respondent insurer, which provided coverage for "direct loss from any Peril" including business interruption loss and loss of property due to theft...
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July 23, 2019
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Micevic v. Johnson & Johnson, 2019 ONSC 4430

In a decision on settlement approval, which included an order for costs, Justice Morgan did not indicate when precisely the costs payment was due. In this decision, Justice Morgan noted that the understanding is that court orders are effective immediately. As a matter of ordinary business practice, money is typically to be paid within 30...
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July 15, 2019
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St. Marthe v. O'Connor, 2019 ONSC 4279

Following the trial in this matter, the plaintiff was awarded damages in the sum of $205,000. Costs against the defendants were fixed at approximately $380,000. In the costs decision, Justice Hurley rejected the defendant's arguments on proportionality of damages to costs - particularly in light of the facts that the defendant admitted liability; the defence...
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July 12, 2019
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Farrugia v. Ahmadi, 2019 ONSC 4261

The plaintiff was in a motor vehicle accident and made a claim to her own insurer for accident benefits. The insurer determined that the plaintiff suffered catastrophic injuries and the plaintiff settled with the insurer for $1.8 million. The plaintiff brought an action in tort seeking damages from the driver and owner of the other...
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July 12, 2019
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Bruyea v. Canada (Veteran Affairs), 2019 ONCA 599

The defendant in a small claims action brought an anti-SLAPP motion to dismiss pursuant to s. 137.1 of the Courts of Justice Act. The deputy judge dismissed the action. The plaintiff appealed the decision on the merits. On appeal, both parties and the Attorney General for Ontario (who was invited to make submissions) made submissions...
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June 21, 2019
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Moushi v. Stephen, 2019 ONSC 3125

The plaintiff was injured as a result of a motor vehicle accident. The defendant driver was suffering psychiatric impairments at the time of the accident. He stole his mother's vehicle and struck the plaintiff vehicle head-on. The defendant driver and his mother both moved for summary judgment. The defendant driver took the position that he...
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June 20, 2019
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Rockford v. Haque, 2019 ONSC 474

The plaintiff was in a motor vehicle accident on August 17, 2019. She commenced an action for damages on November 24, 2014. The defendant argued that the claim was statute-barred due to the expiry of the applicable limitation period. The plaintiff argued that the claim was not discoverable until late 2012 because that was when...
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June 18, 2019
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Al-Khouri v. Hawari, 2019 ONSC 3681

This action arose from a motor vehicle accident. At the pre-trial conference, Justice Trimble awarded costs in the amount of $1,000 against the defendant. The conference was attended by the plaintiff, the plaintiff's counsel, the defendant's counsel, and a representative of the defendant's automobile insurer who defended the action on behalf of the defendant. The...
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June 17, 2019
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Luwish v. Graywood Group, 2019 ONSC 3735

The plaintiffs claimed that cracks appeared in the walls of their commercial premises as a result of the construction of a high rise condominium on an adjacent property. The construction was completed on June 9, 2015. The plaintiffs' claim to their insurer for repair was denied in 2014. This action against the defendant constructors of...
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June 17, 2019
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Hengeveld v. The Personal Insurance Company, 2019 ONCA 497

The plaintiff sued an insurance company for spoliation of evidence (failing to preserve an automobile in which the plaintiff was injured). The insurance company alleged the plaintiffs' own lawyers were negligent in failing to ensure the evidence was preserved. The lawyers brought a successful motion to strike the third party claim, and the decision was...
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June 14, 2019
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Zambo v. 848875 Ontario Inc., 2019 ONCA 499

The plaintiff sustained injuries as a result of a slip and fall incident in the parking lot of the defendant's store. At trial, the jury found that the defendant took such reasonable care in all the circumstances to see that the plaintiff was reasonably safe while on the premises. The defence led evidence that: there...
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June 13, 2019
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Hummel v. Jantzi, 2019 ONSC 3571

The plaintiff sustained personal injuries as a result of a motor vehicle accident caused by the defendant driver following his departure from the defendant bar. The plaintiff was a passenger in the defendant driver's vehicle and had also attended the defendant bar on the evening of the accident. At the time of the collision, the...
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June 10, 2019
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Rocky Heights v. Biber, 2019 ONSC 3593

The plaintiff's insurer paid for a fire loss under the property section of an insurance policy issued to the plaintiff. The insurer then sought to sue the tenant that caused the fire; however the tenant defendant was an insured under the CGL portion of the same policy, as she was an officer of the plaintiff...
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June 5, 2019
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Wray v. Pereira, 2019 ONSC 3354

The plaintiff recovered $2,000 at trial, after consideration for the statutory deductible and threshold. The defendant did not make any offers to settle in the action. The plaintiff offered $75,000 to settle shortly before trial. The plaintiff sought over $275,000 in costs and disbursements following trial. Justice McKelvey awarded the plaintiff $40,000 in costs inclusive...
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May 31, 2019
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Tilli v. Hamilton-Wentworth Catholic District School Board, 2019 ONSC 1783

The plaintiff student brought an action against the defendant student, school board, and teachers, for injuries sustained in a physical altercation that took place on school premises. The school board and teachers were alleged to have been negligent in failing to provide adequate supervision to prevent the altercation from occurring. Justice Arrell held that there...
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May 28, 2019
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Yelland v. Sunrise et al., 2019 ONSC 2842

A resident of the defendant senior residence choked to death as a result of the improper installation of a halo device to her bed. The residence advised the resident's family that she died of natural causes and the family only learned of the true cause after speaking to the coroner. 14 of the deceased family...
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May 22, 2019
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St. Lawrence Testing & Inspection Co. Ltd. v. Lanark Leeds Distribution Ltd., 2019 CanLII 69697 (ON SCSM)

The plaintiff and defendant were both innocent victims of a cybercrime, which resulted in the funds paid by the defendant to settle the plaintiff's claim being sent to a fraudster. The defendants assumed the funds to be unrecoverable and brought a motion seeking an order for judgment confirming that the terms of settlement were satisfied....
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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