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 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
The plaintiff left a completed surgical booking package in a drop box at the defendant hospital. The package was subsequently returned to her by mail. The hospital did not take responsibility for the misplaced booking records and the Information and Privacy Commissioner of Ontario was unable to make a determination as to who was responsible...
