Category Archives: Auto (Tort)

Tort claims involving automobiles but without a particular insurance issue.

Threshold Decision Underlines Dichotomy Within Ontario Insurance Act

The Ontario legislature has chosen to confer upon judges (alone) the right to decide whether or not a plaintiff in an MVA action meets the statutory “threshold”, making him or her eligible to receive an award of non-pecuniary general damages. … Continue reading

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Third Party Claim Relating to Prior Accident Dismissed on Rule 21 Motion

In Willoughby v. Weber, Madam Justice Beth Anna Allen decided a Rule 21 motion involving the recurring problem of the same plaintiff being injured in multiple accidents. The motion sought the dismissal of a third party claim. Justice Allen granted … Continue reading

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C.A. Overturns Summary Judgment Against Lessor of Car Being Operated by Unlicensed, Drunk Driver

In Henwood v. Coburn, the Court of Appeal today overturned the summary judgment that had been granted by Mr. Justice Barry MacDougall back in 2006 (see our post about the decision appealed from). In this case, a company had leased … Continue reading

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Court Holds That Plaintiff’s Rule 49 Offer Must Take Into Account Future Accident Benefits

Abel v. Hamelin Costs Reasons Our post about the Montebello Civil Litigation Conference contained a brief discussion of a recent costs decision by Mr. Justice Charles Hackland in Abel v. Hamelin. We now have a copy of the reasons and … Continue reading

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C.A. Upholds Punitive Damages Award Against Impaired Driver

In a decision that will be of great interest to the insurance and personal injury bar, the Court of Appeal today released its reasons in McIntyre v. Grigg et al.  In this case, the plaintiff was a pedestrian who suffered a … Continue reading

Posted in Auto, Auto (Tort), Damages, Insurance News, Social and Commercial Host Liability, Tort News | 3 Comments

Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero

Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading

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Car Operated without Consent but Leasing Company Still Liable

NOTE: An appeal from the decision discussed in this posting was dismissed by the Court of Appeal on August 3, 2007. The reasons are available here. Although the Court of Appeal upheld the decision of the motions judge, it disagreed with … Continue reading

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No Contribution Claim by Driver in Second Accident Against Driver Who Injured Same Plaintiff in Earlier Accident

Note: a link to the Misko decision now appears in this post from last week.  The summer languor is over and the new court decisions are coming thick and fast. We are obliged to Lawrence McRae of Bartlet & Richardes in Windsor, … Continue reading

Posted in Auto (Tort), Damages, Practice and Procedure, Tort News | 4 Comments

Unlicensed Passenger Punches Driver, Takes Keys and Drives Off — but Truck Held to be Still in Possession of Owner

In an interesting decision last week, Justice Barry MacDougall of the Ontario Superior Court addressed the recurring problem of whether or not a vehicle was, without the consent of the owner, in the possession of someone other than the owner. … Continue reading

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Divisional Court Sets Out Defence Requirements to Establish Mitigation

In Branco v. Ephstein, a motor vehicle case, the Divisional Court has ordered a new trial, on the ground that the trial judge did not adequately explain to the jury the onus that arises where a defence of mitigation is … Continue reading

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