Written on September 20, 2011.
In a recent defamation decision, Baglow v. Smith, the Ontario Superior Court of Justice emphasized the importance of the context in which alleged defamatory statements are made. The plaintiff, Baglow, and the defendant, Smith, operated internet blog sites which served as venues for political commentary for guest bloggers. They were engaged in a heated debate […]
Written on September 15, 2011.
In a Quebec Small Claims Court decision, Bordonaro c. Voyages David Inc. et Alitalia Airlines, it was ruled that an airline was not liable to passengers for an over three hour flight delay. The plaintiff purchased tickets for his children who were to fly from Bari to Rome and then from Rome to Montreal. The […]
Written on September 15, 2011.
Ceylinco Investments Ltd, operating as Chalais Travel and Tours, was an authorized passenger sales agent of Air India. As an IATA accredited agent, it did not directly pay the airlines for the tickets it sold, but instead used the IATA Bank Settlement Plan (BSP). This payment method was based on the agent reporting ticket sales […]
Written on September 14, 2011.
The Alberta Court of Appeal in Christensen v. Calgary (City), recently dismissed an appeal by the City seeking to overturn a trial decision in which the City was held liable to two in-line skaters who had been injured while attempting to skate down a pathway on a hill within a city park. At trial, the […]
Written on September 11, 2011.
In a recent decision, Ashad v. Deutsche Lufthansa Aktiengesllschaft, the Ontario Superior Court of Justice allowed the airline’s motion to stay the passenger’s action on the grounds that Ontario Courts did not have jurisdiction under the Warsaw Convention. The plaintiff passenger alleged that he suffered personal injuries when he unintentionally swallowed pieces of shredded glass […]
Written on September 8, 2011.
In Giuliani v. Region of Halton, 2011 ONSC 5119 (CanLII) the Honourable Justice John Murray of the Ontario Superior Court of Justice, recently delivered his reasons on costs of the action, in which the Plaintiff was awarded damages of $375,000 at trial, yet claimed in excess of $550,000 for legal fees on a substantial indemnity basis, […]