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Category Archives: Tort News
C.A. Upholds Punitive Damages Award Against Impaired Driver
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 … Continue reading
Posted in Auto, Auto (Tort), Damages, Insurance News, Social and Commercial Host Liability, Tort News
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Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero
Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Juries, Threshold, Trial Procedure
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Car Operated without Consent but Leasing Company Still Liable
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 … Continue reading
Posted in Auto (Tort), Tort News
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C.A. Clarifies Causation Rules in Negligence Cases
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 … Continue reading
Manufacturer Not Liable for Fire Resulting from Misuse of Product
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 … Continue reading
Posted in Fires, Products Liability, Tort News
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No Contribution Claim by Driver in Second Accident Against Driver Who Injured Same Plaintiff in Earlier Accident
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, … Continue reading
Posted in Auto (Tort), Damages, Practice and Procedure, Tort News
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Unlicensed Passenger Punches Driver, Takes Keys and Drives Off — but Truck Held to be Still in Possession of Owner
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. … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Tort News
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Divisional Court Sets Out Defence Requirements to Establish Mitigation
In Branco v. Ephstein, a motor vehicle case, the Divisional Court has ordered a new trial, on the ground that the trial judge did not adequately explain to the jury the onus that arises where a defence of mitigation is … Continue reading
Posted in Auto (Tort), Damages, Practice and Procedure
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City Not Liable for Slip and Fall Where Snow Removal Efforts Were “Reasonable”
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 … Continue reading
Posted in Municipalities, Tort News
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C.A. Upholds $500,000 Non-pecuniary Damages Award in Oil Spill Claim
In Westlake v. Granby Steel Tanks, the Court of Appeal reviewed the damages award made by a jury in an action arising out of an oil spill at the plaintiffs’ home. The plaintiffs were an elderly couple. Liability had … Continue reading
Posted in Damages, Products Liability
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