Adrian Serpa

The Landlord (1617887 Ontario Ltd.) brought a motion for summary judgment to dismiss a crossclaim by the Estate of Greg Campbell.

The crossclaim alleged the Landlord was liable for the plaintiff's injuries due to failing to ensure the tenant tavern (Jessie's Café Bar & Grill) had adequate insurance and for failing to manage/supervise the premises, after the plaintiff was struck by a vehicle driven by Greg Campbell following intoxication at the tavern.

The court found no genuine issue requiring a trial, concluding that the Landlord did not owe a duty of care to manage or supervise the tavern, nor to ensure the tavern had public liability insurance, as there was no proximity or causal connection.

The motion for summary judgment was allowed, and the crossclaim against the Landlord was dismissed.

The plaintiff's claim against the Landlord was also dismissed as they had agreed to release the Landlord.

This ruling addresses costs following a motion brought by the defendant Bryan Huber to compel the plaintiff to attend two defence medical examinations.

The court initially ordered the plaintiff to attend one examination and reserved on the second, pending the plaintiff's decision to abandon psychological injury and income loss claims.

The plaintiff subsequently provided written instructions to abandon these claims, leading the court to grant an amendment to the Statement of Claim and deem the second medical assessment unnecessary.

The defendant was awarded costs of the motion in the amount of $4,000.

The defendant Carlos Sosa brought a motion for summary judgment to dismiss the action against him following a motor vehicle accident.

The plaintiff, Frank Clarke, opposed the motion, arguing that issues of contributory negligence, including Sosa's speed, lookout, and potential alcohol consumption, required a trial.

The court dismissed the motion, finding that complex factual disputes, conflicting expert evidence requiring detailed mathematical assessment, and credibility issues could not be justly and fairly determined on a paper record, especially given the presence of a jury notice.

A.P., a self-represented defendant, moved to set aside a default judgment of $495,000 obtained by the plaintiffs and assigned to The Wawanesa Mutual Insurance Company.

The judgment stemmed from a 2005 accident where A.P., then 16, drove a stolen vehicle recklessly, causing serious injury to a pedestrian.

A.P. argued he was never served with the statement of claim and could not pay the judgment.

The court dismissed the motion, finding it was not brought promptly, service was likely effected, and A.P. failed to demonstrate an arguable defence on the merits, given his prior guilty plea to a criminal offence related to the incident and his admission that the settlement amount was not unreasonable.