Category Archives: Tort News

Developments in the law of torts, not specific to insurance issues.

Court grants summary judgment in occupier’s liability case on basis that occupier not required to sanitize environment to negate all inherent risk

In Miltenberg v. Metro Inc., 2012 ONSC 1063 (CanLII), Mr. Justice Andrew J Goodman granted the defendant’s motion for summary judgment and dismissed an action based on breach of obligations under the Occupiers Liability Act. In doing so, he made … Continue reading

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Defendant in One MVA Action Entitled to Proceed with Third Party Claim Against Driver in Earlier Accident

Another shot has been fired in the ongoing judicial debate about how to deal with situations in which personal injury plaintiffs have been injured in separate accidents. We have looked at this issue in previous posts regarding Willoughby v. Weber, … Continue reading

Posted in Practice and Procedure, Tort News | 1 Comment

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

Posted in Auto (Tort), Insurance News, Juries, Threshold | Leave a comment

C.A. Says “One in Four” Chance of Avoiding Accident Doesn’t Meet Causation Threshold

In a brief but interesting decision handed down today, the Court of Appeal allowed an appeal by a third party who had been found liable at trial. The trial judge had found  had that tortfeasor not been negligent, another tortfeasor’s chances of avoiding an accident would have … Continue reading

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Judge Applies “But For” in Slip and Fall Case

In Cartner v. Burlington (City), a recent slip and fall action, Mr. Justice Michael Quigley found for the plaintiffs. In doing so, he applied the “but for” test of causation that was endorsed by the Supreme COurt of Canada in … Continue reading

Posted in Municipalities, Occupier's Liability, Tort News | 1 Comment

Defendants Negligent in Fatal Diving Accident, But Plaintiffs’ Recovery Barred by Release

We have been aware since June 9 of the release of the decision in Isildar v. Kanata Dive Supply, however the reasons have only now become available on CanLII.  They’re 250 pages long though, so perhaps it’s taken CanLII’s editors until … Continue reading

Posted in Contract, Waivers and releases | 1 Comment

S.C.C. Upholds Dismissal of “Fly in Bottle” Case, Saying Law of Negligence Is Not Insurance

In a unanimous decision, the Supreme Court of Canada today dismissed the plaintiff’s appeal in Mustapha v. Culligan of Canada Limited and upheld the Ontario Court of Appeal’s dismissal of the action. The plaintiff Mustapha had experienced a severe and … Continue reading

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C.A. Upholds Record Personal Injury Damages Award

Sandhu v. Wellington Place Apartments was one of the largest personal injury damages awards in Canadian history. The Court of Appeal recently dismissed an appeal from the trial decision (other than disallowing most of a $350,000 costs premium). The award … Continue reading

Posted in Costs, Damages, FLA, Insurance News, Juries, Tort News | Leave a comment

Court Refuses Summary Judgment in “Social Host” Claim

In Hamilton v. Kember (and another action), Mr. Justice John F. McGarry was dealing with a defence motion for summary judgment in two personal injury actions. The moving defendants were a young woman and her parents. In 2004, when the young woman … Continue reading

Posted in Occupier's Liability, Social and Commercial Host Liability, Tort News | Leave a comment

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

Posted in Auto (Tort), Practice and Procedure, Tort News | Leave a comment