This is an appeal from the decision of Di Luca J., of the ONSC dated January 17, 2017 dismissing this Plaintiffs claim for an injury suffered at the Barrie Winterfest snow slide.

The standard of care applicable for drivers in emergency situations is not a standard of perfection. The doctrine of emergency will be applied where the harm is “imminent and unforeseen”.

The limitation for pursuing unidentified motorist coverage does not begin to run until a demand to indemnify has been made and the responding insurer has failed to satisfy the claim.

Added Pleas Constitute a New Cause of Action and are Limitation-Barred

In dismissing a motion for a mistrial based on the jury conducting internet research, the court held that mistrials should be granted only as a last resort and the corrective charge was sufficient to ensure a fair trial.

Date Heard: May 1, 2018 | Full Decision [PDF] The appellants are two former employees of the respondent MD. They were hired in 2003 and 2005 respectfully to provide financial services to MD’s clients. Each signed identical non-solicitation clauses as follows: Non-Solicitation: The Employee agrees that the Employee shall not solicit during the Employee’s employment with the Employer and for the period ending two (2) years …