by Christina El-Azzi | Feb 18, 2025 | Occupiers’ Liability, Tort
A hired welder, working on a 12-foot ladder, was sent plummeting to the ground after his machinery malfunctioned. The decision in Pereira v Yaya Foods Corporation, 2024 ONSC 6585, surveyed the legal fallout of that incident and serves as a fascinating lesson in...
by Krista Groen | Jan 20, 2025 | Court Proceedings, Tort
What standard is expected of a driver confronted with an emergency situation? ONCA upholds a summary judgment motion ruling that a reactive driver was not negligent. The Ontario Court of Appeal recently upheld a summary judgment motion ruling that there was nothing...
by Shalini Thomas | Oct 4, 2024 | Tort
The debate is over. The Ontario Superior Court of Justice, in Ferreira v. Hopper confirms that any Canada Emergency Response Benefit (CERB) and/or Canada Recovery Benefit (CRB) received by a plaintiff is deductible pursuant to s. 267.8(1)2 of the Insurance Act, R.S.O....
by Rory Love | Jun 19, 2024 | Class Actions, Tort
In Palmer v. Teva Canada Limited, an appeal by representative plaintiffs was rejected by a Court where the plaintiffs sought certification of a proposed product liability class action. This is a significant outcome for all those involved with products liability...
by Rory Love | Oct 2, 2023 | Tort
In Lamothe v. Sudbury Trail Plan Association, 2023 ONSC 3176, the Superior Court refused to allow the defendants to deliver late expert reports. The defendants attempted to bring a motion to be granted leave to deliver late expert reports which was opposed by the...
by Rory Love | Sep 12, 2023 | Tort
The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and...
