Archives for: Municipal

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...

Barbeau v. Kitchener 2017 ONSC 24

A recent trial decision involving a trip and fall on a sidewalk surface discontinuity provides a good example of the right and wrong ways to measure a “tripper”. Although arguably misapplying, (fortunately in obiter), s.16.1 of the MMS and the “2 cm rule”, the Honourable Justice Broad did state that:   “The discontinuity between the Read more...

Court Dismisses Bus Passenger Claim against City of Brampton

In a recent trial decision, the Honourable Mr. Justice Sproat of the Ontario Superior Court of Justice dismissed the lawsuit of a passenger of a City of Brampton transit bus, who claimed to suffer injuries on the evening of December 7, 2011, when the operator had to brake for two unidentified persons that ran out 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...

Summary Judgment for Failure to Give Notice under s.44(10) – “Substantial Inconsistencies in the Evidence” noted by the Court

On February 18, 2016, the Ontario Superior Court of Justice released its decision on a motion for Summary Judgment, in Bourassa v. Temiskaming Shores (City). In the reasons for decision, the Court rejected several arguments put forth by counsel for the Plaintiff, Lorenzo Girones, Q.C., of Girones Lawyers, and granted the City’s motion to dismiss Read more...

City protected from liability for policy decisions but still liable for employee’s actions

A recent decision of the Ontario Superior Court of Justice reaffirmed the deference granted to a municipality for its policy decisions but also found the same municipality liable for the failure of a crossing guard to be on scheduled duty. In Saumur (Litigation guardian of) v. Antoniak, a young boy, two weeks shy of his Read more...

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