Archives for: Municipal

Summary Judgment Motions – The Recent ONCA decision

The Court of Appeal for Ontario released its decision recently in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764.

This decision was in fact an appeal decision in 5 different cases, heard together, where Summary Judgment under the “new” amended Rule 20 had been granted.

City Held Liable for the presence of a hill in a Park

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 […]

The Ruling on Costs in Giuliani v. Region of Halton

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, […]

Reasonable vs. Reckless Drivers – The Ontario Court of Appeal decision in Morsi v. Fermar Paving Limited

The Ontario Court of Appeal released the reasons for its decision today in Morsi v. Fermar Paving Limited, 2011 ONCA 577.  A unanimous Court of Appeal overturned the trial decision of the Honourable Justice J. Bryan Shaughnessy, and upheld the fundamental legal principle that Municipalities in Ontario are not insurers of drivers on the highway, […]

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