Take Me Out to the Ball Game
Seems everyone’s talking baseball. The team’s off to a good start. Could this be the year? Does the team need another big bat in the middle of the order? Does the team have enough pitching? Even...
View ArticleCourt of Appeal Confirms Zag-Zag Road Without Centre Line Was Unsafe
On June 7, 2012, the Court of Appeal rendered its decision in Deering v. Scugog (Township). The case arose out of a car accident which happened in 2004. Shannon Deering, age 19, and her younger sister,...
View ArticleAir Travel Got Ya Feeling Sad? Too Bad!
The summer months bring many things with them – sun tan lotion, patios, barbecues and, for many people, travelling. For those of you who are travelling by plane, you are in luck – the Court has...
View ArticleLiability Releases in Recreational Sports Activities Not Unconscionable
The B. C. Court of Appeal has affirmed a trial court’s decision that releases signed by plaintiffs injured on a zip-line tour were enforceable and provided a complete defence to the plaintiffs’ claims....
View ArticleMore Than Words: Right to Sue Applications, WSIAT and the Reality of the...
Mr. Gjorseski was a hard working carpet installer. His life came to a sad and abrupt end after a long day of work at a condominium construction site. While exiting the hoist, a section of metal safety...
View ArticleChildren And Waivers
Waivers go by many names, but generally, waivers are written agreements that people sign before they participate in risky activities. Waivers are a risk management tool that involves transferring...
View Article‘OTHER MATERIAL EVIDENCE’ OF INVOLVEMENT OF UNIDENTIFIED VEHICLE: FOR ONTARIO...
The recent Ontario Superior Court decision of Azzopardi v. John Doe and The Personal Insurance Company [“Azzopardi”] appears to to lower the threshold for the types of corroborative evidence that...
View ArticleSUMMARY JUDGMENT FOR OCCUPIERS’ LIABILITY CLAIMS: A REASONABLE SYSTEM OF...
To succeed in an occupier’s liability claim, a plaintiff must be able to point to some act or failure to act on the part of the occupier that caused the plaintiff’s injury. An occupier need not remove...
View ArticlePrejudgment Interest Calculation Applies Retroactively to MVA Actions...
The Ontario Superior Court of Justice held in April, 2015, that recent amendments to the rules for calculating prejudgment interest apply retroactively. The amendments apply to car accident injury...
View ArticleWITH OR WITHOUT PERMISSION: VEHICLE OWNERS VICARIOUSLY LIABLE
MARK COOMBS Student at Law Be careful who you trust with your car keys. The older approach taken by the Court of Appeal in Newman and Newman v. Terdik, [1953] O.R. 1 (C.A.) gave owners a break by not...
View ArticleLOOK BOTH WAYS: PEDESTRIANS RESPONSIBLE FOR THEIR OWN ACTIONS
By Mark Coombs, Student at Law Ever jaywalk across the street, even when there is heavy traffic? We all do it here in Toronto. Whether we’re late for work, running to meet a friend for lunch or rushing...
View ArticleEVERY STEP YOU TAKE, EVERY MOVE YOU MAKE: THE NECESSARY STEPS TO ADMIT...
By MARK COOMBS, Student at Law The recent Court of Appeal decision of Iannarella v. Corbett, 2015 ONCA 110 has got lawyers talking. How can surveillance properly be used in an injury case? In...
View ArticleChildren And Waivers
Waivers go by many names, but generally, waivers are written agreements that people sign before they participate in risky activities. Waivers are a risk management tool that involves transferring...
View ArticleAir Travel Got Ya Feeling Sad? Too Bad!
The summer months bring many things with them – sun tan lotion, patios, barbecues and, for many people, travelling. For those of you who are travelling by plane, you are in luck – the Court has...
View ArticleLiability Releases in Recreational Sports Activities Not Unconscionable
The B. C. Court of Appeal has affirmed a trial court’s decision that releases signed by plaintiffs injured on a zip-line tour were enforceable and provided a complete defence to the plaintiffs’ claims....
View ArticleMore Than Words: Right to Sue Applications, WSIAT and the Reality of the...
Mr. Gjorseski was a hard working carpet installer. His life came to a sad and abrupt end after a long day of work at a condominium construction site. While exiting the hoist, a section of metal safety...
View ArticleCOULD YOU OWE A DUTY OF CARE TO SOMEONE THAT STEALS YOUR CAR?
When do people owe a duty of care to a thief that steals their car? In the recent Ontario Court of Appeal case J.J. v. C.C., 2016 ONCA 718 the Court dealt with just that question. Two teenagers in the...
View ArticleOut with the Old, in with the New: Big Changes for Small Claims and...
The Ministry of the Attorney General recently announced two major reforms to Small Claims and Simplified Procedure as of January 1, 2020. Small Claims Court¹ The monetary jurisdiction of the Small...
View ArticlePrejudgment Interest Rate on General Damages in Personal Injury Actions On...
In MacLeod v Marshall, 2019 ONCA 842, the Ontario Court of Appeal (“ONCA”) dealt a blow to the long-standing notion that the prejudgment interest rate (“PJI”) for non-pecuniary general damages in...
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