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Category Archives: Tort News
Cheifetz Comments on “Joint Tortfeasors” vs. “Concurrent Tortfeasors” Who Are Jointly Liable
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 … Continue reading
Posted in Practice and Procedure, Tort News
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C.A. Overturns Summary Judgment Against Lessor of Car Being Operated by Unlicensed, Drunk Driver
In Henwood v. Coburn, the Court of Appeal today overturned the summary judgment that had been granted by Mr. Justice Barry MacDougall back in 2006 (see our post about the decision appealed from). In this case, a company had leased … Continue reading
Posted in Auto, Auto (Tort), Insurance News
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Court Holds That Plaintiff’s Rule 49 Offer Must Take Into Account Future Accident Benefits
Abel v. Hamelin Costs Reasons Our post about the Montebello Civil Litigation Conference contained a brief discussion of a recent costs decision by Mr. Justice Charles Hackland in Abel v. Hamelin. We now have a copy of the reasons and … Continue reading
Posted in Auto, Auto (Tort), Costs, Insurance News, Practice and Procedure
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C.A. Dismisses Appeal in 9/11 Defamation Case But Recognizes “Public Interest Responsible Journalism” Defence
The Court of Appeal today released its ruling in Cusson v. Quan, Ottawa Citizen et al. The case is an important one in the law of defamation and, in particular, to defences available to the media. The court dismissed an appeal … Continue reading
Posted in Defamation
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C.A. Finds Vendor of Spare Parts for Pool Liable for Failure to Warn
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, … Continue reading
Posted in Products Liability, Tort News
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Court of Appeal Considers Apportionment of Fault in Multi-accident Cases
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 … Continue reading
Posted in Tort News
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C.A. Upholds Jury’s Dismissal of Slip and Fall Action
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. … Continue reading
Posted in Occupier's Liability, Tort News
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C.A.’s First post-Resurfice Discussion of “But For” Causation Test
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 … Continue reading
Posted in Tort News
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Court Strikes Claim for Intentional Infliction of Mental Distress
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 … Continue reading
Posted in Contract, Practice and Procedure, Tort News
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Court of Appeal Re-states Test for “Nervous Shock”
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 … Continue reading
Posted in Damages, Products Liability, Tort News
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