In Snushall v. Fulsang, released today, the Court of Appeal discussed the appropriate treatment of contributory negligence in an MVA case, based on a plaintiff’s failure to wear (or to wear properly) a seatbelt. The jury in this case had…
In Doyle v. Petrolia, released a few minutes ago, the Court of Appeal has reaffirmed the principle, that occupiers of property are not insurers. The Occupier’s Liability Act does not require that occupiers of property guard against every possible risk,…
In Hussain v. Uddin, Mr. Justice Gerald F. Day has taken the somewhat unusual step of granting a defence motion for summary judgment in an action arising out of a motor vehicle accident. The moving defendants, Mr. and Mrs. Noack,…
Today’s case isn’t particularly earth-shattering, but it’s of some interest to students of tort law. The case is Mustapha v. Culligan of Canada Ltd. (reasons for judgment attached, courtesy of Mr. Justice Thomas Granger of the Ontario Superior Court). The…
By now, you have probably heard of last week’s decision of the B.C. Supreme Court in Laface v. McWilliams et al. This was a case in which a drunk driver drove into a group of pedestrians, causing some serious injuries….
A just-released Superior Court decision reminds us that defendants are not automatically entitled to have a personal injury plaintiff examined by multiple medical practitioners, from various disciplines. They must establish, through evidence, why such examinations are needed.
Nothing earth-shattering about Goodliff v. Woodcock, but it is the latest case to deal with “accidental fires”. Usually, it’s the landlord’s insurer suing the tenant (and running into the body of caselaw where implied waivers of subrogation have frequently been…
Ever heard of the Victims’ Bill of Rights? Neither had counsel for the plaintiff in Pilon v. Janveaux, an action arising out of a 1993 MVA. One of the provisions in that Act can have a big effect on awards…
Justice Denis Power has just released his final costs award in Russett v. Bujold and we have attached a copy. You may recall this case from an Update that we circulated several weeks ago. It involved a chronic pain claim…
A recent occupier’s liability case resulted in a ruling in favour of the defence. The case was a fairly garden-variety parking lot slip and fall. What is interesting is that although the trial judge (Madam Justice Sarah Pepall) found that…