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The court held that litigation privilege protected internal emails, witness interview transcripts, and adjuster notes arising after a claim letter, and dismissed the production application.
The motion for summary judgment was dismissed because there are genuine issues of material fact—notably whether the Municipality was an occupier with responsibility and control over the Lighthouse and whether its decisions were core policy or operational—that must be determined at trial, making summary determination inappropriate.
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The court dismissed a parishioner's occupiers' liability claim after a choir-loft fall, finding the plaintiff could not prove a hazard caused the injury.
The court refused leave to add the strata as a third party, finding inordinate delay, likely prejudice, and risk to the five-day trial. Costs were awarded to the strata.
The appeal was dismissed in respect of adding 2132226 Ontario Inc. because the appellant failed to rebut the presumption of discoverability under s.5(2) of the Limitations Act, 2002 and thus the claim against the proposed defendant was statute-barred; the Act displaces the doctrine of special circumstances; and the misnomer doctrine could not be applied because the amendment changed a material fact (location) and there was no evidence the intended defendant knew it was the target of the suit. Leave was granted only to amend the statement of claim to allege alternatively that the accident occu…
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The Court dismissed the appeal because the jury charge was not deficient, there was no misstatement of the appellants' testimony, omission of a written summary of the evidence did not cause prejudice, the law under the Occupier's Liability Act was correctly explained, the appellants were not improperly excluded, and counsel's remarks on witness credibility were permissible; costs awarded to respondent.
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The defendant, as landlord, owed tenants a duty to maintain operational fire alarm and smoke detection systems and functional self-closing fire doors; the court found those systems were not maintained or inspected, doors were kept open and a door closer was broken and the apartment smoke detector did not function, such failures created an unreasonable risk and materially contributed to the plaintiffs' injuries; because precise temporal but-for causation could not be proven the court applied the material contribution test, rejected contributory negligence, found the defendant liable and awarde…
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The defendant failed to establish there was no genuine issue of material fact because there was a live factual issue whether water from the defendant's parking lot flowed onto and created the icy sidewalk; accordingly summary judgment dismissing the plaintiff's claim was not appropriate and the motion was dismissed.
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The court dismissed a slip-and-fall claim after finding the plaintiff had not proved causation or a breach of occupier’s duty on a balance of probabilities.
The court held that an insurer’s letter about resolving a personal injury claim confirmed the cause of action and extended limitation. The unsigned letter was cured by a later signed letter.
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