Category Archives: Tort News

Developments in the law of torts, not specific to insurance issues.

No Liability for Fire

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 … Continue reading

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Important “Crumbling Skull” and Threshold Decision

In a decision handed down yesterday, Ottawa judge Madam Justice Giovanna Toscana Roccamo awarded damages of more than $700,000 to two chronic pain plaintiffs. The case is Hartwick v. Simser. The 63 page decision of Madam Justice Toscana Roccamo will be … Continue reading

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“Victims’ Bill of Rights” Not Applied in MVA Case

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 … Continue reading

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Chronic Pain Costs Award Tops $430,000

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 … Continue reading

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C.A. Finds Social Host Liability May Still Exist

The Ontario Court of Appeal has concluded that the hosts of a 1998 Ottawa New Year’s Eve party which resulted in a tragic accident are not liable to the woman who was injured in a car accident caused by an … Continue reading

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Slip and Fall Claim Dismissed on Causation Basis

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 … Continue reading

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C.A. Decision May Expand Liability of Municipalities

The Court of Appeal has just released its decision in Ouellette v. Town of Hearst and we attach a copy of the decision. This is an important case that interprets certain provisions of the former Municipal Act, limiting the right … Continue reading

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