The Court is set to consider whether payors of automobile insurance premiums should be excluded from sitting on juries and intervening parties are set to weigh in to assist the Court in making a determination.
Case Summaries Category Archives
Rawsthorne v. Marotta, 2017 ONSC 2182
Discoverability is triggered when the plaintiff knows that some damage has occurred and she has identified the specific tortfeasor who caused the damage. Knowledge of the damage alone does not trigger the limitation period.
Azzeh v. Legendre, 2017 ONCA 385
Court of Appeal provides refresher with respect to limitation periods and municipal notice periods in cases dealing with minors.
Thorne et al. v. Hudson et al., 2016 ONSC 5507
In cases with multijurisdictional facts, the choice of law analysis depends on the specific tort alleged. In Thorne, the claims were mainly based on the tort of negligent misrepresentation, which occurs where the misinformation is received or relied upon.
MacKay v Starbucks Corporation, 2017 ONCA 350
The Court of Appeal upheld the trial judge’s ruling that Starbucks was an occupier of a municipal sidewalk leading into a Starbucks patio. The Court noted that in order for an adjacent property owner to be an occupier, the adjacent property owner’s actions must constitute more than “merely clearing adjacent public sidewalks of snow and ice, whether in compliance with municipal by-laws or otherwise.”
Powell v. Maisuria, 2017 ONSC 2278
Despite the accident occurring in Brampton, and the Plaintiff and the Defendant both residing in Brampton, the Court dismissed the Defendant’s motion to have the action transferred from Toronto to Brampton.