Written on January 28, 2013.
The Minister of Transportation has just signed amendments to Ont. Reg. 239/02 – Minimum Maintenance Standards for Municipal Highways. The amendments are aimed at correcting the problems created by the Court rulings in Giuliani v. Region of Halton et. al. Upon filing with the Registrar of Regulations and publication, the amendments will be considered “in […]
Written on December 20, 2012.
The Supreme Court of Canada has dismissed the application for leave to appeal the Court of Appeal for Ontario’s decision in Deering v. Scugog (Twsp) et. al., by the municipal Defendants. The Court of Appeal for Ontario had previously upheld the trial Judge, finding that: “at the crest of the subject hill, even a prudent […]
Written on November 20, 2012.
A Plaintiff and her family who advanced FLA claims, who was found not to have been injured on-board a TTC bus, was ordered by the Trial Judge to pay costs of $250,000 in the recent decision of Rodas v. Toronto Transit Commission, 2012 ONSC 5662 (CanLII). The claims of the lead Plaintiff were found to […]
Written on September 17, 2012.
The Court of Appeal for Ontario has recently set forth a helpful review of when delay is fatal to an action, even when prejudice to the defendant is absent, in its decision in 1196158 Ontario Inc. v. 6274013 Canada Limited, 2012 ONCA 544 (CanLII), in which it states: “Modern civil procedure recognizes the need to […]
Written on August 29, 2012.
In a decision released on August 10, 2012, by the Honourable Justice DiTomaso of the Ontario Superior Court of Justice, counsel for the defendant municipality did the near impossible. He managed to obtain Summary Judgment notwithstanding the Court of Appeal decision in Combined Air, AND overcome the obstacles from several years’ worth of caselaw which had watered-down […]
Written on August 28, 2012.
In Mark v Guelph and Wellington County 2012 ONSC 3510, the Honourable Justice Mossip held the defendant municipal road authority 100% liable for failing to maintain the highway in a reasonable state of repair, and awarded the Plaintiff damages of $1.9 million. The key facts which supported the finding of liability were: • A […]