Finnemore v Hyde et al, 2021 ONSC 

 

A motion was brought to determine whether the plaintiff’s disability pension benefits are deductible from his income loss claim pursuant to s. 267.8(1) of the Insurance Act, R.S.O. 1990, c. I. 8, as amended.

 

Ruetz v. Metro Canada Inc. et al., 2021 ONSC

 

This action arises out of a February 28, 2015 incident in which the plaintiff, Amberley Ruetz, suffered injuries when ice fell onto her from a canopy above the exit of a grocery store in London. The ruling confirms:

 

Whether or not Riocan (Property Owner/Manager of the Grocery Store) is also negligent in failing to remove ice from above the exit, Riocan can rely upon the hold harmless clause in the Agreement, which was triggered by Clintar’s (Winter Maintenance Contractor) breach. 

 

Enns v Corbett, 2021 BCSC

 

What if you do not settle early when an offer was available and how that may impact costs. Also, whether the offer ought reasonably to have been accepted depends, inter alia, on an interesting question that needs to be considered is at the time when the offer was made, has the extent of liability been decided or is it still (full or in some part) contested?  

 

2258756 Ontario Limited v Hartley, 2021 BCSC

 

The summary trial deals with the distribution of insurance proceeds in relation to a leased 2004 Lamborghini Gallardo which was declared a total loss after a fire of unknown origin, the actual cash value (“ACV”) of the Lamborghini and the amount owed to the lease company by the lessor under the terms of the lease agreement.

 

Pace v Economical Mutual Insurance, 2021 ABCA 

 

Appeal from an order that allowed the defendant to amend its statement of defence and allege that the acts of medical professionals and a hospital contributed to the injuries Ms. Pace alleges in a claim against Holly Blackwater were caused by the negligence of Ms. Blackwater in the operation of an all-terrain vehicle.

 

Balogun v Pandher, 2021 ABQB

 

Is a self represented litigant entitled to costs?

 

Mollica-Lazzaro v Leung, 2021 BCSC 

 

Damages from MVA discussed. The plaintiff claims that the Collision caused a soft-tissue chronic pain condition that continues to have a significant impact on her domestic, vocational, and social life and seeks compensation under all of the usual heads of damage.

The defendant says the Collision was minor and, at worst, caused a short-term aggravation of the plaintiff’s pre-existing chronic pain issues.

Pecanac v Camrose (City), 2021 ABQB

Summary dismissal of action in a slip and fall incident in favor of the defendant city. Discusses Gross negligence with respect to section 531 (1) of the Municipal Government Act that states:

A municipality is only liable for an injury to a person or damage to property caused by snow, ice or slush on roads or sidewalks in the municipality if the municipality is grossly negligent.

Campeau v. Ontario, 2021 ONSC 

 

The plaintiffs seeks damages arising from a mining death. In essence, the plaintiffs alleged liability of the provincial government on the basis that a mine inspector employed by the Ministry of Labour failed in his duty to properly inspect the equipment involved in the accident and failed to follow up to ensure compliance with work orders that had been issued.

Andrade v. The Estate of Champakali Bakshi, 2021 ONSC 

 

Where is the cause of action against AVIVA? The plaintiff pleads that he was driving northbound when a pedestrian ran in front of his car. Sadly, a collision ensued and the pedestrian died. The pedestrian’s estate is suing in another action. In this action, the plaintiff sues the pedestrian, Toronto, and his own insurer Aviva. The plaintiff says he has suffered significant loss and injuries as a result of the trauma that he suffered in the accident. He seeks compensation for his loss and damages from the pedestrian, Toronto, and his insurer.

 

Donko v. Sleepy Hollow Country Club Ltd., 2021 ONSC

 

Let me In! I need to inspect the windows that still exist. Interesting motion compelling to allow inspection on the remining windows at a site, that resemble the one that resulted in injury to the plaintiff.

 

Knight v Black, 2021 BCSC

 

The plaintiff was injured when the boat on which she was travelling collided with a sandbar, or other similar hazard, on the Lillooet River near Pemberton, British Columbia. The question on the application was whether the defendants’ liability for those injuries is limited by Part 4 of the Marine Liability Act, S.C. 2001, c. 6 , which incorporates the limitation of liability in the Athens Convention relating to the Carriage of Passengers and the Luggage by Sea [the Athens Convention].

Thandi v Try, 2021 BCSC

 

Injuries due to MVA. Damages and Liability discussed.

 

Sparks v Cushnie et al., 2021 ONSC

 

The case discusses consent with respect to to the HTA in Ontario. Below is quoted text from Para 4 of the case.

 

Under s.192(2) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”), an owner of a motor vehicle may be held liable for losses or injuries caused by it, unless the vehicle was in the possession of another without the owner’s consent. Section 192 has been interpreted to mean that an owner of a motor vehicle is presumed to have given consent to the person who possessed the vehicle involved in an accident unless the owner rebuts that presumption.

 

Deonanan v Kwan, 2021 ONSC 

 

Interalia, this is a motion by Economical Insurance Company to have itself added as a statutory third party under s. 258(14) of the Insurance Act. The court states:

 

“The only condition precedent to the insurer being added as a third party under s. 258(14) is that the insurer deny liability under the policy.” Gordon v Pendleton (2007), 2007 CanLII 39886 (ON SC), 87 OR (3d) 706.

 

Aselstyne v Stobbart, 2021 BCSC

 

Case discussed the credibility and reliability of the plaintiff’s evidence.

 

Khan v School District No. 39, 2021 BCSC

 

Interalia, assault and battery allegations were analysed in this case. Also discussed the limitation act and how such actions could be subject to the limitation period. The action was brought 30 years after the incident was alleged to have been occurred.

 

222 & 223 Baseline Road Inc v World Health Edmonton Inc, 2021 ABQB

What are the consequences of inadvertently disclosing an irrelevant document in a draft affidavit of records?

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