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Posts Tagged: Ontario

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.… Continue Reading

Brampton Sidewalk Slip and Fall – Knee Surgery: Claim Dismissed

A 51 year old electrician recently had his personal injury lawsuit, against the City of Brampton, dismissed on a summary judgment motion that considered the new directions given by theHryniak decision by the Supreme Court of Canada. The issue was whether the plaintiff’s failure to give notice to Brampton, within 10 days of slip and fall, was fatal to his claim against the City. Due to lack of knowledge, this plaintiff did not give notice to the City of Brampton until approximately 18 months post-accident.… Continue Reading

Ontario Summary Judgment: Applies Hryniak re Scheduling of Motion Issues

As we recently blogged on February 24, 2014, the new Hryniak decision by the Supreme Court of Canada is now the standard for how Ontario summary judgment motions are to be conducted and their role in the litigation process.

We now have an early case which has put into practice some of the greater powers confirmed by Hryniak – in this case, the issue is what role the summary judgment Judge has in the management of motion materials and the necessity of calling witnesses for oral testimony, in order to have a proper record available by which to consider the summary judgment motion:The Bank of Nova Scotia v.… Continue Reading

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Toronto House Destroyed by Fire: Denial Based on Contract Wording

Interesting case where the fight was over a $345,000 replacement cost provision within theresidential / homeowner’s insurance policy: Willoughby v. Pilot Insurance Company, 2014 ONSC 95 (CanLII)

There was no fight over the cause of the fire (i.e. fraud was not alleged) nor whether there was valid coverage available. Instead, the plaintiff homeowners decided to buy another home instead of building a new structure on their existing, fire-damaged lot.

It’s curious as to why this fight arose, particularly since the fire happened about 4.5 years before this summary judgment motion was heard.… Continue Reading

Ontario Trial Adjournment: Personal Injury > $50,000 Costs Thrown Away

This case involves a last minute adjournment motion by the defendant (insurer) based on a medical report served by the plaintiff about 2 weeks before Trial, involving a claim for personal injury suffered in this Ontario lawsuit.

The defendant served an updated medical report about 3 weeks before Trial; it is unclear whether this was based upon a concurrent defence medical examination or whether it was an updated report based on a paper review: Quan v. Staar Surgical Company, 2014 ONSC 27 (CanLII).… Continue Reading

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Ontario Security For Costs: Barrier for a Plaintiff’s Lawsuit

Security for costs motions are yet another road block that personal injury plaintiffs can expect if they live outside of Canada while their tort lawsuit is active. The theory being that if you live outside the jurisdiction and the defendant successfully defeats your lawsuit, then you will be a difficult target for the defendant to ‘chase’ for payment of their legal costs for having to defend your lawsuit.

In the recent case of Kurtz v. Carquest Canada Ltd., 2013 ONSC 7683 (CanLII), this arose in the context of a wrongful dismissal lawsuit, where after the alleged dismissal, the employee moved from Canada to live in the United States.… Continue Reading

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