In this appeal of a personal injury action, the respondent plaintiff was awarded substantial damages as a result of a relatively minor motor vehicle accident that resulted in chronic pain, anxiety and depression.
The appellant argued that the requested amendments to the statement of claim should not be allowed because they constitute a new statutory cause of action and are sought after the applicable two-year limitation period had expired.
In this Court of Appeal decision, the plaintiffs appealed the trial decision that, after set off, resulted in zero recovery with a further $22,406.37 in costs awarded to the defendant.
This case is about a 2008 oil leak, wherein a home furnace oil tank leaked through the basement and into surrounding soil, through a drainage system under the house and into the city’s culvert, which carried it into nearby Sturgeon Lake The leak instigated a massive remediation project to remediate the millions of dollars of damage to the environment.
Full Decision This is a case where a minor plaintiff tripped and fell over a raised concrete edge of a buried metal transformer box on municipal property. The following defendants were named: Kitchener-Wilmot Hydro (“KW Hydro”) as the owner of the transformer box; the Corporation of the City of Kitchener (the “City”) as the owner of the apron of a driveway on the road allowance …
