tort news

C.A. Says “One in Four” Chance of Avoiding Accident Doesn’t Meet Causation Threshold

October 14, 2008 18:10

In a brief but interesting decision handed down today, the Court of Appeal allowed an appeal by a third party who had been found liable at trial. The trial judge had found  had that tortfeasor not been negligent, another tortfeasor’s chances of avoiding an accident would have been increased...

Judge Applies “But For” in Slip and Fall Case

August 06, 2008 13:27

In Cartner v. Burlington (City), a recent slip and fall action, Mr. Justice Michael Quigley found for the plaintiffs. In doing so, he applied the “but for” test of causation that was endorsed by the Supreme COurt of Canada in Resurfice v. Hanke. The case involved a slip and fall...

S.C.C. Upholds Dismissal of “Fly in Bottle” Case, Saying Law of Negligence Is Not Insurance

May 22, 2008 15:11

In a unanimous decision, the Supreme Court of Canada today dismissed the plaintiff’s appeal in Mustapha v. Culligan of Canada Limited and upheld the Ontario Court of Appeal’s dismissal of the action. The plaintiff Mustapha had experienced a severe and very unusual psychological reaction...

C.A. Upholds Record Personal Injury Damages Award

April 18, 2008 20:37

Sandhu v. Wellington Place Apartments was one of the largest personal injury damages awards in Canadian history. The Court of Appeal recently dismissed an appeal from the trial decision (other than disallowing most of a $350,000 costs premium). The award at trial was more than $17 million. The case...