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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March 15, 2019

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Merrifield v. Canada (Attorney General), 2019 ONCA 205

The plaintiff RCMP employee alleged that he was harassed and bullied by the RCMP during his employment. The trial judge held that the tort of harassment exists in Ontario and found that certain of the plaintiff's experiences in the course of his employment with the RCMP satisfied the elements of the tort of harassment. On...

March 13, 2019

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Colistro v. Tbaytel, 2019 ONCA 197

While there is no tort of harassment, an employer's mishandling of workplace harassment may increase damages for related torts and dismissal. The plaintiff was a long-time employee of the defendant company. She complained that she was sexually harassed by another employee and that employee was dismissed from the company. Several years later, the perpetrator was...

March 12, 2019

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Lebko v. Toronto Standard Condominium Corp. 1862, 2019 ONSC 1602

The plaintiff sustained injuries while exiting an elevator in a condominium building. She alleged that the elevator was not level with the ground when she exited. The defendants brought a motion for summary judgment seeking dismissal of the action. Justice Brown granted summary judgment for all defendants. With respect to the condominium corporation and the...

March 11, 2019

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St. Marthe v. O'Connor, 2019 ONSC 1585

The plaintiff, a bicyclist, was struck by a vehicle in November 2011. The plaintiff commenced an action for damages in July 2015. The plaintiff sustained soft tissue injuries, which developed into chronic pain. He was unable to continue with heavy physical labour as of late 2014 (he attempted to work in labour intensive jobs until...

March 6, 2019

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Stamatopoulos v. The Regional Municipality of Durham, 2019 ONSC 603

The plaintiff was injured in a motor vehicle accident which occurred when the driver of the vehicle in which he was a passenger lost control of the vehicle and struck a hydro pole. The plaintiff commenced an action for damages against the relevant municipality for non-repair of the roadway, alleging that the accident was caused...

March 4, 2019

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Gallo v. Bramalea City Centre Equities Inc.

A minor plaintiff was injured on an escalator at Bramalea City Centre. The injuries caused the plaintiff to lose multiple fingers. The defendant TSSA brought a motion for summary judgment on the basis that it did not owe a duty of care to the plaintiff in respect of the frequency of its inspections. TSSA admitted...

February 28, 2019

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Caron v. Omers Realty Corporation et al., 2019 ONSC 1374

The plaintiff was a government lawyer who slipped and fell in the kitchenette of her office as a result of water that had leaked out from under the sink from a hot water dispenser. Following a trial, Justice Roger dismissed the action, holding that the defendants had in place a reasonable cleaning and inspection regime...

February 12, 2019

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Liu v. The Personal Insurance Company, 2019 ONCA 104

In an action arising from personal injuries arising from a motor vehicle accident, the defendant vehicle owner brought a motion for summary judgment for a determination as to whether she was the actual owner and the registered owner of the vehicle driven by her son, the defendant driver, at the time of the accident. The...

February 8, 2019

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Issa v. Kesserwani, 2019 ONSC 981

The defendant in this action arising from a motor vehicle accident brought a motion to compel the plaintiff to attend for further examination for discovery. Justice Corthorn granted an additional two hours beyond the remaining time to complete the discovery. She reasoned that answers to undertakings given at the plaintiff's initial examination for discovery contradicted...

February 7, 2019

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Townsend v. City of Kitchener

The minor plaintiff was injured from a trip and fall over a raised concrete edge of a buried metal transformer box owned by the defendant Kitchener-Wilmot Hydro. The transformer box was located on a driveway apron road allowance owned by the defendant City of Kitchener. The two defendant homeowners owned the properties adjacent to the...

February 5, 2019

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Wallace v. Ralph-Edwards, 2019 ONSC 899

The plaintiff suffered vision loss as a complication of a life-saving cardiac surgery. He commenced an action for damages against the doctor who performed the surgery and the hospital where the surgery was performed. The parties resolved certain issues in the action, and the sole remaining issue was the plaintiff's allegation that the defendant doctor...

January 30, 2019

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Presley v. Van Dusen, 2019 ONCA 66

The plaintiff brought a small claims action against the defendant excavation contractor for damages relating to allegations of negligent design, installation, approval, and inspection of a septic system. The trial judge dismissed the action on the ground that it was statute barred by operation of the Limitations Act, 2002. The trial judge found that a...

January 25, 2019

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Seetaram v. Allstate Insurance Company of Canada, 2019 ONSC 683

The respondent issued a policy of auto insurance to the applicant parents. Upon renewal of the policy, the applicant parents failed to disclose to the respondent that the applicant son was a licensed driver in their household. As of the date of the renewal, he held a G2 license. He previously held a G1 license....

January 16, 2019

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Mann v. Jefferson, 2019 ONSC 422

The plaintiff commenced an action for damages arising from a motor vehicle accident. During the plaintiff's examination in chief, his counsel sought to examine him concerning two litigation loans he took out following the subject accident, and to introduce into evidence the two loan agreements and discharge statements. The plaintiff argued that interest on the...

January 16, 2019

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Janssen v. William and Markle Jewellers Ltd., 2019 ONSC 70

The plaintiff slipped and fell on a municipal sidewalk adjacent to the front entrance of the retail store operated by the defendant. The municipality was not a party to the action. The defendant brought a successful summary judgment motion on the basis that it was not an "occupier" of the municipal sidewalk and did not...

January 10, 2019

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Bell v. Chatrie, 2019 ONSC 251

The plaintiff was injured in a motor vehicle accident. Wawanesa was the insurer of the rental company that had rented a vehicle to the named defendants. Wawanesa denied coverage to the two named defendants but defended the rental company. The named defendants were noted in default. Wawanesa eventually settled the plaintiff's claim and sought an...

January 3, 2019

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Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70

The plaintiff tripped and fell over a dumbbell during a gym class at the defendant fitness centre. She allegedly sustained personal injuries and commenced an action for damages against the defendant, claiming that it was negligent. The defendant brought a motion for summary judgment on the grounds that: (1) the waiver signed by the plaintiff...

January 2, 2019

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Siddiqui v. Saint Francis Xavier High School, 2019 ONSC 30

The plaintiff, a minor, alleged to have sustained injuries during a high school hockey tryout on February 25, 2013. The plaintiff's father retained counsel, who wrote the school and its insurer on April 25, 2013, identifying the plaintiff's father as her litigation guardian and notifying them of the potential action. On May 25, 2017, the...

December 18, 2018

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Davis v. TTC, 2018 ONSC 7527

The defendant served its sworn affidavit of documents on the plaintiff and sought her attendance at an examination for discovery. The plaintiff refused to attend at an examination until the defendant provided particulars of the surveillance listed in Schedule B of its affidavit of documents. Master Graham held that the defendant was not required to...

December 17, 2018

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Mandel v. Fakhim, 2018 ONSC 7580

The plaintiff was involved in a motor vehicle accident and sued the defendant for damages arising from personal injuries. At trial, the jury awarded the plaintiff $3,000 in general damages, and nothing for past or future lost income, future care expenses, or housekeeping services. The trial judge concluded that he did not need to make...

December 13, 2018

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Mame v. Victorin, 2018 ONSC 7477

The plaintiff was involved in a motor vehicle accident. Defence medical experts opined that the plaintiff's significant pain in his shoulder, neck, and chest continuing eight years post-accident was unlikely to improve. The plaintiff called no medical evidence at trial. The jury assessed the plaintiff's damages for non-pecuniary loss at $45,000. Justice MacLeod noted that...

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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