Timely Notice or You Better Have a Reasonable Excuse

Timely Notice or You Better Have a Reasonable Excuse

Background In Psaila v Kapsalis and City of Toronto, the Court of Appeal upheld the lower Court’s decision to grant summary judgment in favour of the City of Toronto (the “City”).  The facts are quite simple.  The action arises from a motor vehicle accident that took...
Timely Notice or You Better Have a Reasonable Excuse

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. Bill 118 has been enacted as Chapter 33 of the Statutes of Ontario, 2020. The Bill amends the Occupiers’ Liability Act to...
Timely Notice or You Better Have a Reasonable Excuse

The Threshold: Nothing Much Has Changed

Overview The plaintiffs, Mary and Allen Ashburn, brought an action for damages arising out of a motor vehicle accident which occurred on February 14, 2015.   Mary Ashburn sought general damages, income loss, out-of-pocket expenses, and future income and health care...
Timely Notice or You Better Have a Reasonable Excuse

The Latest Word on Prejudgment Interest

Overview This is an appeal by the Basilian Fathers of Toronto of a jury verdict and an order for prejudgment interest.  The Basilians claim the jury instruction on how to assess damages for past income loss was wrong, the punitive damages award was excessive, and...
Timely Notice or You Better Have a Reasonable Excuse

No Reasonable Inference = No Causation

This action arises from a fall that occurred on January 14, 2014 on common property owned by the defendant Strata Plan LMS2286 (the “Strata”).  Strata retained the defendant Markic Development & Restoration Ltd (“Markic”) to perform some remediation work on its...