Case Summaries Category Archives

Kapoor v. Kuzmanovski, 2017 ONSC 1709

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.

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.

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.