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La Cour suprême reconnaît le délit d’intimate partner violence fondé sur le contrôle coercitif dans une relation intime et confirme 100 000 $ en dommages compensatoires.
The Supreme Court of Canada recognized a new tort of intimate partner violence, holding that coercive control in a marital relationship can create a distinct civil wrong.
Plaintiff did not consent to entry or removal of the tree; the trespass was committed by third parties at the direction and for the benefit of the defendant and her partner; defendant knowingly assisted by seeking an arborist and paying the cutter and thus acted in furtherance of a common design, making her a joint tortfeasor. Compensatory damages awarded for restoration ($41,776) and loss of amenity ($10,000); special damages for air conditioning rejected for lack of mitigation and evidentiary support; punitive damages awarded ($10,000) for deterrence and denunciation.
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Court of Appeal upholds dismissal of claims against the Kauras and R.K.S., leaves the overservice claim against Caesars to proceed, and dismisses both appeal and cross-appeal.
DCI: Summary judgment granted and claim dismissed because the claim against DCI was filed outside the two-year limitation period and the plaintiff failed to demonstrate discoverability delayed commencement or that DCI had sufficient knowledge of the added claim within the limitation period plus time for service under s.22(b) of the LAA. Choice: Summary judgment denied because genuine issues of material fact and mixed fact-and-law remain about whether Choice met its statutory standard of care under the Occupier's Liability Act and whether Choice discharged that duty by contracting DCI, requiri…
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The court accepted liability and, on the balance of probabilities, found the Accident caused chronic myofascial pain, persistent post‑traumatic headaches, concussion syndrome with symptoms of mild traumatic brain injury, moderate PTSD and major depressive disorder, and aggravated pre‑existing episodic migraines; the plaintiff's credibility was generally accepted and supported by lay and expert evidence; the defendant proved some mitigation failure but not to the extent argued, resulting in a 20% discount for mitigation; damages were assessed on accepted principles (including use of minimum wa…
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The Court of Appeal held that a hired dog walker in physical possession and control of a dog before an attack was an “owner” under the Dog Owners’ Liability Act.
By the end of October 2025 the aggregate of discovery and expert evidence exposed fundamental gaps in the plaintiff's case (notably absence of evidence to establish the applicable standard of care and causation) such that the March 6, 2023 walk-away offer ought reasonably to have been accepted by that time; therefore defendants are entitled to Scale B costs to October 31, 2025 and double costs thereafter, plus costs of the application.
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Ontario Court of Appeal dismissed an appeal from dismissal for delay in a civil action, holding the inordinate delay was intentional and prejudicial.
Application dismissed because the proposed estoppel/res judicata amendments were useless—criminal guilty plea is evidence but does not bar denial of civil liability—and the proposed fraud claims were bound to fail because the insurer, not the plaintiff, is the proper claimant for misrepresentations to the insurer and pleadings themselves cannot constitute tortious conduct; thus leave to amend was refused and costs awarded to defendants.
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