On the defendant’s motion to compel answers to questions refused at discovery, questions regarding the possible criminal involvement, education and employment of plaintiff’s younger sibling were held to be not relevant, probative, necessary or proportionate to the issues in the action

Defendant’s summary judgment motion dismissed in this occupiers’ liability action where the Defendant did not live in the home where the Plaintiff fell. There were genuine issues for trial regarding the existence of a duty of care and if that duty was breached.

Justice Di Luca disallows “specious” disbursements.

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.