Archives for: Municipal

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...

Moore v. Getahun, 2015 ONCA 55

The Court of Appeal for Ontario released its reasons for decision yesterday in a much anticipated appeal ruling centering upon the rules respecting experts, and the consultations between counsel and their experts, in medical malpractice actions and other actions in Ontario. The full decision can be read here: http://www.ontariocourts.ca/decisions/2015/2015ONCA0055.htm   The key findings by the Court Read more...

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