The Ontario Court of Appeal today released a decision dealing with apportionment of fault in tort. In Misko v. John Doe, a unanimous court (Justices Marc Rosenberg, wrote the reasons that were concurred in by Justices Eleanor Cronk and Eileen…
In Kerr v. Loblaws Inc., the Ontario Court of Appeal was asked to set aside a jury’s dismissal of a claim for personal injury damages. The plaintiff had slipped on a single grape at a Zehr’s store operated by Loblaws….
In Barker v. Montfort Hospital, released last week, the Court of Appeal had its first opportunity of considering the Supreme Court of Canada’s recent decision in Resurfice Corp. v. Hanke. (Readers will recall that in the latter case, the Supreme…
In High Parklane Consulting Inc. v. Royal Group Technologies Limited, Mr. Justice Paul Perell struck out a claim for intentional infliction of mental distress, brought by the principal of a company that was itself a plaintiff, suing for breach of…
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…
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…
In a 2-1 decision, the Court of Appeal allowed an appeal in a medical malpractice case, finding in favour of the defendants. The decision hinged on what evidence a plaintiff must lead in order to show that the defendant’s negligence…
Mr. Justice Gordon Sedgwick handed down an interesting decision last week in a products liability case. In Tudor Inn Reception Hall (1992) Ltd. v. Merzat Industries Ltd., a fire occurred at an Ottawa banquet hall in 1999. The owner had…
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,…