Written on April 20, 2013.
The Court of Appeal for Ontario in the recent case of El Dali v. Panjalingam, 2013 ONCA 24, affirmed two important principles that often arise in municipal defence cases: (1) a driver who crosses the centre line and is involved in an accident, is deemed at fault absent evidence to the contrary, and (2) the Read more...
Written on January 28, 2013.
The Ontario Government has published the amendments to Ont. Reg 239/02 – Minimum Maintenance Standards for Municipal Highways. The Regulation came into force on Friday, January 25th, 2013. Ont. Reg. 47.13 is available here. The following is a “consolidation” that we have prepared, showing the new language in red font. It is not the “official” Read more...
Written on January 28, 2013.
The Minister of Transportation has just signed amendments to Ont. Reg. 239/02 – Minimum Maintenance Standards for Municipal Highways. The amendments are aimed at correcting the problems created by the Court rulings in Giuliani v. Region of Halton et. al. Upon filing with the Registrar of Regulations and publication, the amendments will be considered “in Read more...
Written on December 20, 2012.
The Supreme Court of Canada has dismissed the application for leave to appeal the Court of Appeal for Ontario’s decision in Deering v. Scugog (Twsp) et. al., by the municipal Defendants. The Court of Appeal for Ontario had previously upheld the trial Judge, finding that: “at the crest of the subject hill, even a prudent Read more...
Written on December 5, 2012.
The Honourable Justice Morissette in the recent decision of Fordham et. al. v. Municipality of Dutton-Dunwoch, held the municipality 50% liable for injuries suffered by a plaintiff who failed to stop at a clearly posted and visible Stop sign at a rural intersection, and struck an embankment some distance after the intersection. The reason? Because Read more...
Written on November 20, 2012.
A Plaintiff and her family who advanced FLA claims, who was found not to have been injured on-board a TTC bus, was ordered by the Trial Judge to pay costs of $250,000 in the recent decision of Rodas v. Toronto Transit Commission, 2012 ONSC 5662 (CanLII). The claims of the lead Plaintiff were found to Read more...