The Court of Appeal has upheld a trial judge’s decision finding the City of Sudbury negligent for failure to properly maintain a roadway during inclement winter conditions. Cities (and by extension winter maintenance contractors) are expected to respond to the potential of ice forming on roadways even while maintenance is underway. Even in the face of a roadway being cleared just prior to an accident a City may be found to have breached the standard of care in discharging a City’s obligation to maintain the roadway in good repair.
Case Summaries Category Archives
Ernewein v. Honda Canada, 2017 ONSC 3727
This is a motion for leave to appeal from a motion for summary judgment and documentary productions
Campisi v Ontario, 2017 ONSC 2884
Dismissal of constitutional Challenge to the LAT and restrictions on pre-trial MVA income loss.
Saadati v. Moorhead, 2017 SCC 28
The Supreme Court of Canada held that an expert’s diagnosis of a psychological injury was not required for the Plaintiff to succeed in recovering damages for same.
Aleksa v. Henley, 2017 ONSC 1117
This decision arises from a motion to remove Counsel of Record, Brennan Kahler and Gary Will, for the minor Plaintiff due to conflict of interest as they had previously also represented his parents whom the Defendants had counterclaimed against.
Hezaveh v. Sajanlal
Judge upholds Master’s decision not to order production of settlement release related to prior motor vehicle accident litigation.