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…
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,…
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…
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…
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…
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…
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…
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…
David Cheifetz, author of the well-known text, Apportionment of Fault in Tort and of numerous articles in legal journals, is a frequent commentator about posts on this site. Today, he sent us a comment about the recent decision of the…
By a 2-1 margin, the Court of Appeal allowed an appeal by the plaintiffs and imposed liability on one of the defendants for a catastrophic swimming pool accident that had left a young girl a quadriplegic. In reaching its decision,…