Overview The Ontario Court of Appeal granted an appeal and dismissed a class action against an auditor. In doing so, the Court applied the updated test recently established by the Supreme Court to determine whether a duty of care arises between a negligent party and the party claiming damages. The Court also determined that a … Continued
The Ontario Court of Appeal recently upheld the dismissal of a professional negligence claim at the pleadings stage of an action. Our firm represented the successful defendant who had been sued for negligent misrepresentation in connection with a real estate appraisal report. The dismissal occurred largely because of the disclaimers in the appraisal report. This … Continued
On May 28, 2018, the Court of Appeal provided some clarification as to the extent that a municipality can be held liable for personal injuries during festivities that it hosts. Background In Martin v. Barrie (City), 2018 ONCA 499, the Court of Appeal reviewed a trial decision that found a municipality had satisfied the standard of care … Continued
In a recent case of the Superior Court of Justice, Stewart v. The Corporation of the Township of Douro-Dummer, 2018, ONSC 4009, Justice Ricchetti grappled with the issue of what duty of care a taxi driver owes to an intoxicated passenger. The Court concluded that there is no positive duty of care on a taxi driver … Continued
The case of Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19, reminds us that judges can and do disagree about how to interpret and apply legal principles – even legal principles which have been well-established for many years. In Rankin, the Supreme Court of Canada considered whether the owner of a garage owes a duty … Continued
On August 30, 2018, the Ontario Court of Appeal released its decision in 1704604 Ontario Ltd. v. Pointes Protection Association, 2018 ONCA 0685, the first appellate-level decision to consider the effect of the additions of sections 137.1 – 137.5 to the Courts of Justice Act (“CJA”) spurred by the Protection of Public Participation Act (“PPPA”) enacted in 2015. Concurrently with … Continued
Insurance law’s treatment of innocent co-insureds has troubled courts for some time. Up until this year, an insurer in Ontario, and many other Canadian provinces and territories, could deny a claim for recovery by an innocent insured if the loss was caused by an intentional or criminal act of a person who was also insured … Continued
In 2018, the test to establish causation is clear. What remains unclear is how that test is to be translated into jury questions, and how the Court will assess the evidence to determine if a plaintiff has met that test. This paper will consider those current issues. The Test Care must also be taken to … Continued
