The Issue An important decision was released on May 7, 2018 by the Ontario Court of Appeal in the case of Mega International Commercial Bank (Canada) v. Yung, 2018 ONCA 429, stating that the two year limitation period for third party claims for contribution and indemnity under s. 18 of the Limitations Act, 2002, SO 2002, c … Continued
Insights
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Insights list
How Far Does Municipality Liability Stretch? The Case of Martin v. Barrie (City)
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
Taxi Drivers Owe no Duty of Care to Adult Intoxicated Passengers
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
by Rovena Hajdëri
The Supreme Court of Canada Reinforces the Importance of Reasonable Foreseeability in the Duty of Care Analysis
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
by Jessica DiFederico
ONCA Slapps Down a Framework for Dismissing Strategic Lawsuits
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
Ontario Court of Appeal Validates Liability Waivers
Background In Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313, two appeals were heard together as they raised common issues. The cases have similar facts, as the plaintiffs were both patrons of ski resorts and had executed waivers of liability as a condition of their ski tickets. In both cases, the plaintiffs had been injured … Continued
by Andrea LeDrew
Leave Granted to Examine Non-parties in Favour of Full Discovery
It is an era of broad disclosure for civil litigants. In Kissoon v. Aviva Insurance Company of Canada[1], Mr. Justice C. De Sa J. demonstrated this by granting leave for examination of occupants of a car involved in a motor vehicle accident as non-parties. The motion stemmed from three separate actions which were commenced by three … Continued
by Katherine Di Tomaso
Expert Evidence in Occupiers’ Liability Trials Involving Flooring Material
A recent Ontario Court of Appeal decision, Tondat v. Hudson’s Bay Company, 2018 ONCA 302 (“Tondat”), upheld the trial judge’s finding of liability in a slip and fall accident: http://canlii.ca/t/hr6rs. The case arises from a plaintiff’s slip and fall on a wet tile floor in the Bay. The sole issue on appeal was whether the trial … Continued
by Katherine Di Tomaso
When Does the Limitation Period Start to Run for a Third Party Claim?
The Issue An important decision was released on May 7, 2018 by the Ontario Court of Appeal in the case of Mega International Commercial Bank (Canada) v. Yung, 2018 ONCA 429, stating that the two year limitation period for third party claims for contribution and indemnity under s. 18 of the Limitations Act, 2002, SO 2002, c … Continued
by Simon Clements