March 20, 2024
By Nasra Esak In Marderosian v. City of Niagara Falls, 2024 ONSC 1043, the Corporation of the City of Niagara Falls brought a summary judgement motion to determine whether the plaintiff’s claim was barred for lack of timely notice, as well as whether it had a duty of care to maintain areas occupied and maintained […]
September 08, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Ontario Court of Appeal in Beardwood et al. v. The City of Hamilton, 2023 ONCA 436. Introduction In Beardwood et al. v. The City of Hamilton, 2023 ONCA 436 (“Beardwood”), the Ontario Court of Appeal (the “ONCA”) considered the statutory impact on a […]
August 02, 2023
By Jennifer Singh In Morris et al. v. Prince et al. [1] the plaintiff was involved in a pedestrian accident, wherein he was hit by the defendant, operating a pickup truck. The plaintiff commenced an action against the defendant driver as well as the City of London. One of the major issues to be determined, […]
November 25, 2022
At our weekly Friday meeting, Nasra Esak discussed a recent Ontario Superior Court decision granting a summary judgement brought by the defendant in Strilchuck v. Tecumseh (Town of), 2022 ONSC 5841. Overview Justice King granted a summary judgement brought by the Town (the defendant) to dismiss a trip and fall personal injury action on the basis […]
September 28, 2022
By Michael Kryworuk On September 1, 2022, the Ontario Court of Appeal released its decision in Breen v. Lake of Bays (Township), 2022 ONCA 626, upholding the trial judge’s finding that once a building permit is granted, a municipality has an obligation to inspect the building whether or not the building permit holder requests an […]
July 14, 2022
In Beardwood v. The City of Hamilton, 2022 ONSC 4030, the plaintiff was involved in a single vehicle motorcycle accident at an intersection in Hamilton, Ontario. The plaintiff was traveling at a low speed and encountered a bump or surface discontinuity on the roadway formed by a longitudinal asphalt lip. His front wheel went up […]
