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Category Archives: Tort News
Childs v. Desormeaux: A Post-Mortem
Last Friday night, Wiliams McEnery held a small reception for Eric Willams and Jaye Hooper. As most readers will know, Eric and Jaye were the winning counsel in Friday’s Supreme Court of Canada ruling in Childs v. Desormeaux, the “social … Continue reading
Posted in Tort News
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Injured Boy Not “Buyer” of Bicycle, So Sale of Goods Act Doesn’t Apply
In Resch v. Canadian Tire et al., a 15 year old boy was seriously injured in a bicycle accident. He sued the manufacturer and the vendor of the bicycle. In an interesting ruling, the trial judge, Superior Court Justice Nancy Spies, held … Continue reading
Posted in Practice and Procedure, Products Liability, Sale of Goods, Tort News
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Tortfeasor in One Accident Entitled to Claim Contribution from Tortfeasor in Second Accident? We Don’t Think So.
Justice Gerald Day has ruled that a release given by a plaintiff who had settled a claim arising out of one motor vehicle accident also applies to a second action brought by the same plaintiff, consequent upon another car accident. The … Continue reading
Posted in Auto (Tort), Practice and Procedure
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Insurer Wins BI Appeal on All Three Grounds
In a decision that will be of great interest to the insurance industry, the Court of Appeal ordered a new trial in a personal injury action. The defence won on all three grounds of appeal: (a) the trial judge’s refusal to … Continue reading
Posted in Auto (Tort), Practice and Procedure, Tort News
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Court Finds Duty Owed to Child Before Conception
In Paxton v. Ramji, a major decision released today, Madam Justice Margaret Eberhard of the Ontario Superior Court has found that a physician owed a duty of care to a child who had not yet been conceived, let alone born. … Continue reading
Posted in Tort News
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Costs in Personal Injury Action
Madam Justice Joan Lax has released her costs ruling in the well-known case of Snushall v. Fulsang. (This is the case in which the Court of Appeal ruled last year, that contributory negligence for a passenger’s failure to wear a … Continue reading
Posted in Auto (Tort), Costs, Tort News
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Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced
Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading
Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege
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S.C.C. Won’t Hear Seatbelt Appeal
The Supreme Court of Canada today refused leave to appeal the Court of Appeal’s decision in Snushall v. Fulsang. That was the ruling given last September, in which the Court of Appeal held that contributory negligence for failure to wear … Continue reading
Posted in Auto (Tort), Tort News
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Homeowners Not Liable for Slip and Fall on Adjacent City Sidewalk
Justice Mary J. Nolan of the Ontario Superior Court dismissed a slip and fall action against homeowners whose property lay next to a municipal sidewalk. In Peterson v. Windsor, The plaintiff had slipped on the sidewalk and sued both the … Continue reading
Posted in Occupier's Liability, Practice and Procedure, Tort News
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Commercial Host Liable for Some of Plaintiff’s Contributory Negligence
The Court of Appeal released an interesting decision this afternoon, dealing with several issues. Most significantly, the case addressed the extent to which a commercial host, found to have over-served both a driver and a passenger, can be held responsible … Continue reading
Posted in Insurance News, Social and Commercial Host Liability
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