In an interesting decision last week, Justice Barry MacDougall of the Ontario Superior Court addressed the recurring problem of whether or not a vehicle was, without the consent of the owner, in the possession of someone other than the owner….
The decision of Madam Justice Wailan Low in Ondrade v. Toronto (City) provides a useful review of the law relating to the liability of municipal corporations for “slip and fall” accidents that take place during severe winter weather. The…
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…
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…
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…
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….
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…
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…
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…
An Ontario Superior Court judge has found a plaintiff one third contributorily negligent for failing to observe the curb on which she tripped and fell, even though it was in plain sight. In Henhawk v. Brantford (City), Justice David S….