Is a “modest excuse” sufficient to justify a delay in notifying a municipality of a potential claim?
toronto Tag Archives
Choma v. City of Toronto, 2016 ONSC 5510
Given a proper evidentiary record, a Court may draw reasonable inferences and grant summary judgment in favor of a party who is seeking to prove that, on the balance of probabilities, an event is unlikely to have occurred, so long as the party can show that it exercised due diligence and that a trial would not change anything in that regard or show different evidence.
Road Hockey: Let the Kids Play
Ontario’s minister of Children and Youth Services Michael Couteau was in the news recently for his plea to Toronto city council to lift a ban on road hockey in the city. The by-law in questions states that: “no person shall play or take part in any game or sport upon a roadway and, where there are sidewalks, no person upon roller-skates, in-line skates or a …
Zaravellas v. Armstrong, 2016 ONSC 3616
A good refresher on the test for Gross Negligence
Proposed Aviva Insurance Policy a Boon for Uber Drivers Without Commercial Coverage
Billed as an evolution to modern transportation, Uber has inspired global debate about whether the company’s ridesharing application cuts corners on regulatory rules, and what effect this has on the taxi industry and public at large. A proposed policy by Aviva Canada seeks to respond to the company’s uncertain insurance coverage for ridesharing drivers and their passengers. A major problem with using Uber is the …
Arunasalam v. State Farm Mutual Automobile Insurance, 2015 ONSC 5235
Released August 20, 2015 | CanLII This Superior Court decision involved a motion brought by a defendant for an order requiring the plaintiff to attend defence orthopaedic and psychiatric examinations. The plaintiff was involved in two motor vehicle accidents in 2006 and 2009. The pleadings and the available medical evidence indicated that the plaintiff’s physical and psychological impairments were matters at issue in the proceeding. …