Timely Notice or You Better Have a Reasonable Excuse
The Court of Appeal agrees with the judgment below and doesn’t buy the plaintiff’s excuse for giving late notice to the City of Toronto.
Snow and Ice? No Notice, No Dice
Ontario has passed a Bill that will require written notice before a personal injury claim, caused by a slip and fall in snow or ice, can be made.
The Threshold: Nothing Much Has Changed
ONSC: In a threshold motion, the evidence of family members should never be ignored; a clean pre-accident health matters; the ability to work may be irrelevant on a threshold motion; and a court will want to help a likeable and credible plaintiff.
The Latest Word on Prejudgment Interest
The Court of Appeal has held that the trial judge should have taken into account changes in market interest rates when exercising his discretion to award prejudgment interest of 5%.Judgment varied to prejudgment interest at 1.3%.