Case Summaries Category Archives

Winmill v. Woodstock (Police Services Board), 2017 ONCA 962 (CanLII)

The Court of Appeal held that the tort of battery against police officers was not discoverable until the plaintiff was acquitted of criminal charges of assault of the officers and resisting arrest, thereby extending the “appropriate means” aspect of discoverability until the date of his acquittal.

Lazar v. TD General Insurance Company, 2017 ONSC 1242 (CanLII)

In motions to exclude one party from another party’s discovery, the onus is on the party seeking the exclusion order to demonstrate that there is a risk that evidence will be tailored.

Baltadjian v. Roman Catholic Episcopal Corporation for the Diocese of Alexandria, 2017 ONSC 61

The Occupiers’ Liability Act does not create a standard of perfection or presumption of negligence against occupiers whenever individuals are injured on their premises. Rather, a plaintiff must be able to point to some act, or failure to act, on the part of the occupier which caused or contributed to his or her injury before liability will be established.