In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her…
The Supreme Court of the United States has overturned a $79.5 million punitive damages award made by an Oregon jury against cigarette manufacturer Philip Morris USA. In Philip Morris USA v. Williams, the widow of a heavy smoker named Jesse…
In Gordon v. Greig, Justice Bruce A. Glass has assessed damages arising out of catastrophic injuries to two young men who were involved in the same motor vehicle accident. Both were awarded general non-pecuniary damages of $310,000, the maximum available…
Last month, Justice Colin McKinnon gave judgment for the plaintiff against the City of Ottawa in a slip-and-fall case: Cerilli v. Ottawa (City). (Justice McKinnon probably did not endear himself to the city fathers (and mothers) with the opening words…
Last week, the Court of Appeal released an important decision, dealing with tort liability for “nervous shock”. In Mustapha v. Culligan of Canada Ltd., the Court allowed an appeal from the trial decision of Justice John H. Brockenshire, dated April…
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…
ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us…
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,…
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…
In the well-known case of Sandhu v. Wellington Place Apartments, the jury awarded to the plaintiff non-pecuniary general damages of $311,000. This is the current value of the $100,000 maximum award established by the Supreme Court of Canada in the…