Archives for: Municipal
Written on February 21, 2016.
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 […]
Written on January 30, 2015.
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 […]
Written on December 11, 2014.
The Court of Appeal for Ontario has set aside the trial decision in Fordham v. Dutton Dunwich, and in doing so has again affirmed the long line of Supreme Court of Canada authority defining the limits of the municipal duty or care for road repair, and restored some sense of predictability in Ontario cases, particularly against […]
Written on November 17, 2014.
In the recent decision in Elbakhiet v. Palmer, the Court of Appeal for Ontario considered a defendant’s offers to settle, and found that the trial judge erred in awarding the successful Plaintiff costs on a partial indemnity basis in the amount of $578,742.28 despite their modest success at trial ($144,013.07), and the offers to settle made […]
Written on September 10, 2014.
Sometimes a fall is simply an accident. In a recent Ontario Superior Court decision, Nandlal v. Toronto Transit Commission, 2014 ONSC 4760, a judge held that it is not reasonable to expect a public transport occupier to continuously and immediately cleanup after its patrons if they leave debris on stairs. Sarojanie Nandlal slipped and fell […]
Written on September 2, 2014.
The Ontario Superior Court of Justice recently clarified which protections the law provides to elected municipal officials who defame others during council meetings. In Gutowski v. Clayton, 2014 ONSC 2908, County of Frontenac Warden Janet Gutowski alleged that four council members had defamed her in a motion made during a council meeting. The motion alleged […]
