Full Decision Following this Rule 76 liability only trial, Justice Charles Hackland found the defendants, the property owner and snow and ice removal contractor, to both be liable for breaching their obligations under section 3 of the Occupiers’ Liability Act, resulting in the plaintiff’s injuries from his slip and fall. There was no evidence of contributory negligence on the part of the plaintiff. Facts The …

Full Decision A plaintiff’s last-minute motion to move a six-year-old action scheduled for trial under Rule 76 simplified procedure, citing that she was too unwell to participate in an ordinary trial, was denied by the court as a tactical move causing undue prejudice to the defendant. This decision emphasizes the importance of plaintiff’s counsel in determining strategy and best procedure from the outset of the …

Full Decision In a recent Ontario Court of Appeal decision, J.A. Lauwers granted an extension to move for leave to appeal to the Court of Appeal despite significant deficiencies in the filed matter because the ground of appeal was not without merit and it was in the interests of justice that the matter be heard. Background The appellants, who were self represented throughout this litigation, …

Full Decision Background In Dale v. Toronto Real Estate Board, 2025 ONCA 476, the Ontario Court of Appeal outlined the legal principles regarding motions for an extension of time to perfect an appeal. Procedural History Dale v. Toronto Real Estate Board involves an action commenced in 2009 by several co-plaintiffs against the Toronto Real Estate Board (TREB) and other individual defendants for $540 million in …

Full Decision This is an appeal from a trial decision where the court found partial liability on the driver of a car that was rear ended. The collision took place in the left westbound lane of Bloor Street in Mississauga, where there were two westbound lanes, no stop sign or signal and no designated left turn lane. The plaintiff, Ms. Kou, claimed she was traveling …

Full Decision Court of Appeal Confirms No Vicarious Liability on Hospital for Sexual Abuse at Alternative School The recent Court of Appeal decision in Dunford v. Hamilton-Wentworth District School Board, 2025 ONCA 438 confirmed the trial judge’s finding that the Hamilton Health Sciences Corporation was not vicariously liable for sexual abuse perpetrated on the plaintiff when he attended an alternative school operated by a doctor …