The defendant brought a motion pursuant to Rule 26.02(c) of the Rules of Civil Procedure for an order granting the defendants leave to amend their statements of defence to plead the legal doctrine of spoliation. Justice Turnbull J. adjourned the motion so that the defendant could return with a proper evidentiary basis to support the motion.
McAuley v. Canada Post Corporation, 2021 ONSC 4528
In this case, the 52-year-old plaintiff broke his ankle when he slipped on an icy sidewalk in from of a post office in Huntsville on December 20, 2017. He observed a broken eavestrough on the nearby Canada Post building causing water to run onto the sidewalk where he fell. He mentioned the eavestrough to his counsel eleven months after contacting them…
Nolet v. Fischer, 2020 ONCA 155
In this case, the appellant was moving out of the respondent’s home after their relationship ended. He tripped on the sidewalk while carrying his freezer out of the home and injured his ankle. He sued for damages under the Occupier’s Liability Act. The respondent moved for summary judgement and was successful in dismissing the claim…
