This recent decision is a reminder of the affirmative duty that occupiers owe to take reasonable care to ensure that people are safe while attending on their premises.
Case Summaries Category Archives
Gardiner v. MacDonald, 2016 ONSC 602
This case affirms that liability in motor vehicle accidents is not clear-cut, even in cases where the right of way is undisputed. In apportioning liability for an accident, the court will assess the reasonableness of each driver’s actions in the circumstances. Professional drivers will be held to a higher standard of care than ordinary drivers in similar situations.
Labelle v. Canada (Border Services Agency), 2016 ONCA 187
This appeal to set aside the dismissal order was allowed on the basis that prejudice to the defence existed regardless of the Appellant’s delay. The factor of delay by itself is not sufficient to deny the Appellant’s request to reinstate the action.
Bourassa v Temiskaming Shores (City), 2016 ONSC 1211
Summary Judgment for Failure to Give Notice under s. 44(10) of Municipal Act
Shah v. Loblaw Companies Ltd, 2015 ONSC 5987
Litigation Cost Protection will not suffice as ‘Security for Costs’
Markovic v. Richards, 2015 ONSC 6983
After The Event Insurance Premium Not A Compensable Disbursement and New Prejudgment Interest Rate Not Retroactive