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Toronto Personal Injury Law Blog

10 Year Old Lawsuit Faces Motion To Dismiss for Delay: A Close Call Averted

If your lawsuit is not moving forward in an expeditious manner, the defendants can bring a motion to dismiss for delay, as occurred in this recent case: Mayhew v. Paddon + York Inc., 2014 ONSC 57 (CanLII).

In this case, the allegations against the plaintiffs included failure to comply with several previous Court orders, as well as a delay in answering undertakings arising from Discovery.

2 injured in accident between car and motorcycle

A man and woman were critically injured in Toronto in a collision between a car, motorcycle and pedestrian on the evening of April 6. The car accident took place near the intersection of St. Clair Avenue East and Yonge Street about 5:30 p.m. According to witnesses, just before the accident, three motorcycles were headed north on Yonge Street.

A vehicle headed south was trying to make a left turn as the three motorcycles approached the intersection with Pleasant Boulevard. A police sergeant said that the motorist might or might not have seen the oncoming motorcycles. As the motorist made the turn, his car clipped one of the motorcycles, causing the rider to lose control, hit a curb and strike a pedestrian while being thrown from the bike. The accident is being investigated by a crash reconstruction team.

Teen injured by motorized partition at school

A young teen at an Ottawa high school was transported to a medical facility after he suffered severe injuries when he became trapped by a motorized dividing wall in the gym. Emergency personnel responded to the scene shortly after noon on March 27 where they found educators with the unconscious child, a seventh-grader, after he was pinned by the partition.

Paramedics were able to revive the unconscious 13-year-old student and rushed him to a trauma unit after his pulse was restarted and he began breathing again. However, he suffered severe chest and abdominal injuries and was listed in critical condition upon his arrival at the medical facility. His parents were notified and were reportedly at the hospital with him.

Toronto Sidewalk Slip and Fall: Aggressive Summary Judgment Motion by Contractor Against City Fails

In a slip and fall case against a city / municipality in Ontario, there is a difficult standard of care for plaintiffs to prove against the City in respect of the gross negligence standard. It is typical for a plaintiff to sue both the City and the actual contractor company hired by the City to perform the snow and ice clearing work.

In a recent decision, an interesting case whereby the plaintiff chose not to sue the contractor, thereby leaving it to the City to commence a Third Party Claim against the contractor. Early in the action, before Discoveries, the contractor brought a summary judgment motion against the City seeking a dismissal of the Third Party claim: Toronto (City) v. Maple-Crete Inc., 2014 ONSC 528 (CanLII).

Minimum Maintenance Standards for Municipalities: Challenge Averted

The MMS has been the subject of attack by the plaintiff's Bar and this application was one attempt to obtain a Court decision on the enforceability of some of those provisions: Silveira v. Ontario (Transportation), 2014 ONSC 65 (CanLII).

The MMS law sets out the legal responsibilities of municipalities for such issues as snow clearing, fixing potholes and other issues: Minimum Maintenance Standards for Municipalities Act 2002 and 2010.

5 hospitalised after Ontario head-on accident

Hamilton police and firefighters say that five people were sent to hospitals after a head-on accident on March 23. The motor vehicle accident, which involved a car and an SUV, took place on Wilson Street near Alberton Road at about 12:30 p.m.

Officials did not give any details as to how the accident happened, but the section of road was shut down while the collision reconstruction unit investigated the scene and cleanup crews cleared the wreckage. They are still trying to determine if alcohol or speed contributed to the car accident.

Serious 3-vehicle accident in Ontario takes the life of woman

York Regional Police say that three vehicles were involved in an accident on 14th Avenue, resulting in the death of a 61-year-old woman. The fatal accident occurred just west of Ninth Line after 11 a.m. on March 12, resulting in the road and surrounding streets being closed for several hours while authorities investigated the scene.

According to a preliminary investigation, one vehicle spun out of control due to poor road conditions, causing it to strike another. Police say that three vehicles were involved in the car accident, and the snow-covered road was a factor in the collision. One of the vehicles was a van, and another was a sedan. Video footage of the accident scene showed a FedEx truck, but authorities did not make it clear if the truck was involved in the crash.

Ontario good Samaritan killed while assisting accident victim

A 21-year-old man on his way to work during the pre-dawn hours of March 3 was killed in Ontario after stopping to help the driver trapped behind the wheel of a van that had flipped over. The Victoria Harbour resident, who had been commuting to his 6 a.m. job at a construction site in Toronto, reportedly saw the van as he drove by and pulled off the road, but he didn't notice an oncoming tractor-trailer. That driver couldn't control his vehicle, which jackknifed and hit the young man. A pickup truck then plowed into the trailer, killing the good Samaritan.

None of the other drivers involved were reportedly injured. It wasn't clear if speed, alcohol, drugs or poor weather were factors in the accident.

Fatal Accident in Aurora: Car vs. Motorcycle, Uninsured Status

A sad case arising from a car and motorcycle accident in Aurora, in which the motorcycle crossed the centre median and violently crashed head-on with a car, killing the front seat car passenger and injuring the car driver; the motorcyclist died at the scene. To complicate matters, the motorcyclist was driving without valid insurance coverage.

The damages claims of the car driver and car passenger were resolved, but on the issue of liability, the question remained as to whether the other two motorcyclists riding close to the offending motorcyclist were, in part, responsible for causing or contributing to this accident: Mallory v. Werkmann, 2014 ONSC 971 (CanLII).