Negligent drivers liable to rescuers for injuries that are reasonably foreseeable

A recent summary judgment motion dealt with the extent of the duty of care owed to rescuers. In Maguire v Padt ,  2014 ONSC 6099 (S.C.J.), ...

Negligent drivers liable to rescuers for injuries that are reasonably foreseeable 2015-03-04T19:00:00-08:00 Rating: 4.5 Diposkan Oleh: Unknown

Slip and Fall Action Dismissed on Summary Judgment Motion

In Occupier's Liability cases, it is important to remember that occupiers are not insurers. In Nandlal v. Toronto Transit Commission , ...

Slip and Fall Action Dismissed on Summary Judgment Motion 2014-08-27T08:00:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown

Court Grants Summary Judgment Against Party Bringing Motion

Courts seem to be embracing the "culture shift" advocated by the Supreme Court in Hryniak . In King Lofts Toronto I Ltd. v. Emmons...

Court Grants Summary Judgment Against Party Bringing Motion 2014-08-06T08:00:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown

Evidence Required to Dismiss a Non-Earner Benefits Claim

In Willoughby v.Dominion of Canada General Insurance Co , 2014 ONSC 1136 (S.C.J.), the plaintiff sustained injuries in a motor vehicle accid...

Evidence Required to Dismiss a Non-Earner Benefits Claim 2014-04-30T08:00:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown

Supreme Court Sets Out The Test for Summary Judgment

The Supreme Court has overturned the "full appreciation" test used by the Ontario Court of Appeal in summary judgment.  The appeal...

Supreme Court Sets Out The Test for Summary Judgment 2014-01-24T07:00:00-08:00 Rating: 4.5 Diposkan Oleh: Unknown

Timing of Summary Judgment Motions

At what point in a lawsuit is it appropriate to bring a summary judgment motion? In Stever v. Rainbow International Carpet Dyeing & Clea...

Timing of Summary Judgment Motions 2013-09-18T08:00:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown

No Leave Required for Summary Judgment Motion After Set Down

Does a party that sets an action down require leave to bring a summary judgment motion? According to Justice Quinn in Fruitland Juices Inc. ...

No Leave Required for Summary Judgment Motion After Set Down 2013-07-17T08:00:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown

The Agony of the Collision

A recent motion decision dealt with the standard of care in emergency situations. In Dubois v. Ford Credit Canada Leasing , 2012 ONSC 7311 (...

The Agony of the Collision 2013-04-18T08:00:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown

Costs on a Summary Judgment Motion

In Mo v. Johnson , the defendant successfully moved for summary judgment dismissing the plaintiff's claim.  Justice Morgan's decisio...

Costs on a Summary Judgment Motion 2012-11-28T08:00:00-08:00 Rating: 4.5 Diposkan Oleh: Unknown