How Do You Like Them Apples?

The Ontario Court of Appeal concurrently released two eagerly awaited decisions that speak to the interplay between tort damage awards and statutory accident benefits (SABs) under s. 267.8 of the Insurance Act in motor vehicle accident personal injury cases. Cadieux...

Summary Judgment Motions: Watch Your Step

The Plaintiff’s claim in Walsh v. Papadopoulos arose as a result of a fall that occurred on the basement stairway of a home owned by the Defendant, Antonio Pirone. Two days before the fall, the Plaintiff and her sister, the Defendant, Easter Papadopoulos, had been at...

Slide At Your Own Risk

The Ontario Court of Appeal’s recent decision in Martin v. Barrie (City) reaffirms that, in occupiers’ liability cases, the applicable standard is not one of perfection, but of reasonableness. This appeal arose from an incident occurring in February 2011 at...