January 18, 2022
In Branton et al v. 2008422 Ontario Ltd. c.o.b. as Euro-Ex, 2021 ONSC 7548, the defendant brought a summary judgment motion in an occupiers’ liability claim. The plaintiffs brought a cross-motion seeking a finding of liability against the defendant. The defendant was engaged in road construction work on the street where the plaintiffs lived. At the time […]
November 26, 2021
At our weekly meeting, Pip Swartz led a further discussion on the decision in Arksey v. Sky Zone Toronto[1]. A summary of the case from our previous discussion of it can be found here: https://www.rogerspartners.com/fridays-with-rogers-partners-47/ During our firm’s discussion of Arksey, a hypothetical question was raised: how would the judge have ruled in Arksey if […]
September 10, 2021
At our weekly firm meeting, Annie Levanaj discussed the recent decision of Justice Boswell dismissing a summary judgment motion brought by the defendants in Adler v. Promenade General Partner Inc., 2021 ONSC 5393. Incident This action arose from an incident that occurred on August 8, 2018, when Ms. Adler, the plaintiff, slipped and fell while […]
August 31, 2021
In Massaroni v. Yum! Brands Inc., 2021 ONSC 5460, the court dismissed the plaintiff’s action in a matter involving an occupiers’ liability claim. The plaintiff was walking from a parking lot of a KFC store to a TD Bank. There was a barrier separating two properties. The barrier was comprised of a curb and a […]
June 09, 2021
By Gemma Healy-Murphy Summary judgment can be a powerful tool in a litigator’s toolkit, if the Court can be persuaded that there is no genuine issue for trial. There appears a general judicial reluctance however to summarily dismiss an action, with the remedy oftentimes reserved for the most clearest of cases. The recent decision of […]
April 20, 2021
In Graham v. City of Toronto, 2021 ONSC 2278, the plaintiff tripped on a large, deep pothole. She tore her right rotator cuff and sustained other injuries. She required surgery one year and three months after the accident. Under the City of Toronto Act, 2006, the plaintiff was required to give notice of the accident to […]
