On December 31, 2013, the plaintiff, Kathryn Owens, had a slip and fall outside the Blue Canoe Waterfront Restaurant (the “Restaurant”), in Stevenson, BC, while walking on the boardwalk adjacent to its entrance. She shattered her right patella in the fall. The...
This decision arises from a motor vehicle accident that occurred on February 8, 2011. The trial took place in January 2019 before Trimble J. After the jury retired to deliberate, the defendants brought a motion for a declaration that the plaintiff’s injuries did not...
This case involves an accident at QK Fitness (“QK”) when the plaintiff, Fatemeh Hosseinkhani (the “plaintiff”), tripped and fell on a dumbbell during a gym class. She sued QK for negligence. QK successfully brought a motion for summary judgment to dismiss the...
An application was brought under rule 14.05(3)(d) of the Rules of Civil Procedure to determine rights that depend on contract interpretation. The applicant was National Gallery of Canada (“National Gallery”) and the respondents Lafleur de la Capitale (“Lafleur”) and...
The plaintiffs’ claim relates to an incident that took place on September 8, 2013. On that day, a car being driven by the plaintiff, John Bertolli, drove through a pothole located on McCowan Road, in the City of Markham and the Region of York. Consistent with the...
