Our News & Events

Court of Appeal for Ontario considers s.5 of the MMS – Giuliani Distinguished

In the recent case of House v. Baird, 2017 ONCA 885, the Court of Appeal for Ontario upheld the Trial Judge’s decision that the municipal defendant had successfully established a defence under s.5 of the Minimum Maintenance Standards, O.Reg 239/02. This is the first appellate consideration of the application of s.5 of the MMS as Read more...

Ontario Court of Appeal upholds $12 Million Road Claim against Region of Sudbury

The ONCA has recently dismissed the appeal by the Regional Municipality of Sudbury from a trial decision that held it liable to a plaintiff catastrophically injured in a motor vehicle accident due to alleged road non-repair, from a “re-freeze” of the roadway after it was salted. Damages in the case were agreed to be approximately Read more...

Vehicle Insurance Now Needed for certain “Road Building Machines”

Municipalities in Ontario and their insurers should note that on July 1, 2017, new rules for “Road Building Machines” will come into effect, which will now require certain types of vehicles to be insured and their operators licensed. The following vehicles will no longer be considered road-building machines (exempt from the usual insurance requirements) and Read more...

Minors whose Litigation Guardians Fail to Give Notice under s.44(10) – ONCA Decision

In a recent decision in Azzeh v. Legendre, 2017 ONCA 385, the Court of Appeal for Ontario applied the notice requirement under s.44(10) to a claim by a minor represented by litigation guardian. The Court found that failing to give notice to the municipality by the Litigation Guardian by over a year, was not “reasonable” Read more...

Lucas Kittmer joins PM Law

The partners of Paterson MacDougall LLP are very pleased to welcome Lucas Kittmer as a new associate with the firm. Lucas completed his articles this year with Teplitsky Colson LLP, receiving warm praise for his hard work there while a student at law, and was called to the bar in June. He graduated from U Read more...

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