The Court of Appeal upheld the trial decision of Justice M.A Garson. The County of Bruce (Bruce) as occupier, was liable for the Plaintiff’s injuries for failing to take reasonable care. No damages were dealt with at trial.
liability Tag Archives
Police explore effectiveness of controversial “Textalyzer” device to combat distracted driving
Decades of effort by groups in government, police, and lobbying organizations such as Mothers Against Drunk Driving Canada (MADD) has caused a dramatic decline in the rate of deaths caused by impaired driving since the 1980s. However the recent trend towards widespread use of mobile devices behind the wheel means that distracted driving is quickly becoming a more deadly issue. In addition to drinking, drivers …
Injured Victims Risk Recovery of Municipal Damages
Municipalities enjoy legal protections that other parties do not. Take the 10-day notice period as a prime example.
The Municipal Act, 2001 states that no legal action shall be brought for the recovery of damages unless the municipality is notified of the claim and injury within 10 days of its occurrence. When municipal property is in a state of disrepair or covered in ice and snow, with no reasonable attempts at maintenance, resulting injuries warrant recovery of damages from the responsible municipality.
The injured person has only 10 days to let the municipality know that they were injured on city property, or risk being unable to recover damages.
Abuajina v. Haval, 2015 ONSC 7938 (CanLII)
Summary judgment motions on the issue of liability are not appropriate where the credibility of witnesses are important, there is insufficient evidence on the record to evaluate credibility and a mini-trial is not appropriate in the circumstances of the case.
Galota v. Festival Hall Developments Ltd. et al, 2015 ONSC 6177 (CanLII)
Released October 6, 2015 | CanLII This is a motion for summary judgment on a limitation period issue. On May 13, 2006, the Plaintiff fell off of a dance stage at a bar and broke her arm. She sued only the bar owner (tenant) within two years of the fall. The bar and its insurer defended the action; unfortunately, the bar closed and its insurer became …
Cormack v Chalmers, 2015 ONSC 5564
Released September 8, 2015 | Full Decision This case involved a plaintiff who was badly injured when she was struck by a motor boat while swimming near a harbour entrance. She had been staying at a cottage owned by defendants Shannon Pitt and Erik Rubadeau (“Pitt defendants”) at the time. She brought claims against Benjamin Chalmers in his capacity as driver of the motor boat and …
