In Musa v Carleton Condominium Corporation No. 255 et al., the issue was whether the Defendant contractor applied the road salt to the driveway and parking areas of the condominium in a sufficiently timely way to avoid or mitigate the formation of icy conditions that would put the residents at risk of injury through slipping or falling.
personal injury Tag Archives
Spry v. Southlake Regional Health Centre, 2022 ONSC 1783
Can a statement of claim be adjusted to add a defendant to the action more than two years after the events giving rise to the claim occurs?
Farej v Fellows, 2022 ONCA 254
This decision is important for its insights on causation in the context of tortious and innocent causes of an injury.
What is an Examination for Discovery?
If you have suffered a personal injury through a fall, car crash or otherwise due to the negligence of someone else, you can hire a personal injury lawyer to recover money. In Ontario, your lawyer will begin an action using a ‘Statement of Claim’. Once the person you are suing has retained a lawyer – one of the first things they will want to do is learn about your claim. The most common forum for learning about your claim is called examination for discovery…
Nelson (City) v. Marchi, 2021 SCC 41 (CanLII)
In this case, the Plaintiff was attempting to access a business, but the snowbank created by the city blocked her route to the sidewalk. She decided to cross the snowbank and seriously injured her leg…
Shafique v. Cowie and Pereira, 2021 ONSC 3032
The defendant brought a motion pursuant to Rule 26.02(c) of the Rules of Civil Procedure for an order granting the defendants leave to amend their statements of defence to plead the legal doctrine of spoliation. Justice Turnbull J. adjourned the motion so that the defendant could return with a proper evidentiary basis to support the motion.