Andrew Suboch

Following a two-week jury trial for damages arising from a motor vehicle collision, the jury awarded the plaintiff $15,000 in general damages for a minor soft tissue strain.

The trial judge was required to determine whether the plaintiff met the statutory threshold under s. 267.5(5) of the Insurance Act.

The court found that while the plaintiff suffered a permanent impairment from a soft tissue injury to his left shoulder, the impairment was neither 'serious' nor 'important' as it did not substantially interfere with his employment or usual activities of daily living.

The plaintiff's claim for general damages was therefore dismissed.

The defendants moved for summary judgment to dismiss the plaintiffs' action for malicious prosecution, defamation, negligence, and misrepresentation.

The claims arose from the defendant reporting the plaintiffs to the police for alleged corporate fraud, which led to criminal charges that were later withdrawn.

The court granted summary judgment dismissing the misrepresentation claim, finding no reliance by the plaintiffs.

However, the court dismissed the motion regarding the remaining claims, concluding that a fair and just determination could not be made at this stage due to outstanding factual issues and incomplete discovery.

The defendant brought a motion to re-open pleadings to file a late jury notice, citing inadvertence by new counsel after a co-defendant municipality was removed from the action.

The plaintiff opposed the motion, arguing prejudice as the matter was scheduled for a non-jury trial imminently.

The court dismissed the motion, finding that while the delay was due to counsel's inadvertence, granting the motion would move the case to the back of the lengthy jury trial list, causing non-compensable prejudice and delaying justice for the plaintiff.

Following a trial where the Toronto Transit Commission (TTC) was found not liable for a streetcar accident involving a four-year-old child, the TTC sought its costs of the proceeding.

The court declined to award costs to the TTC, noting that the child could not be at fault and that the TTC, as a public service, should bear the costs of defending such claims where the injured party is not at fault.

The court also declined to award costs for the TTC's counterclaim against the child's parents, resulting in no order as to costs for any party.

A four-year-old boy ran across a street mid-block and was struck by a TTC streetcar.

The plaintiffs sued the TTC and the streetcar operator for negligence.

Under s. 193(1) of the Highway Traffic Act, the defendants bore the onus of proving they were not negligent.

After hearing extensive expert evidence on accident reconstruction, perception-reaction times, and streetcar braking mechanics, the court concluded that the child ran into the streetcar's path too late for the operator to avoid the collision.

The defendants successfully rebutted the presumption of negligence, and the action was dismissed.

The applicants sought a declaration that their homeowners’ insurer owed a duty to defend third party claims for contribution and indemnity brought against them after their child was injured in a motor vehicle accident.

The insurer denied coverage relying on a family member exclusion clause excluding claims for bodily injury to persons residing in the insured’s household.

The court held that the exclusion clause did not clearly extend to indirect claims by third parties because it lacked wording such as “arising out of” or language expressly encompassing indirect claims.

Interpreting coverage provisions broadly and exclusions narrowly, the court concluded the clause excluded only direct claims between household members.

As the third party claims were brought by non-household defendants, the insurer had a duty to defend.

The plaintiff commenced an action seeking US $250,000 in liquidated damages under an Independent Contractor Agreement with the defendant corporation.

At trial, no one appeared for the defendant after its counsel had been removed from the record and the corporation indicated it no longer intended to defend the action.

The court struck the statement of defence and counterclaim and proceeded as an undefended claim.

The court accepted the plaintiff’s uncontradicted evidence that the defendant terminated the agreement before the expiry of its fixed term without breach by the plaintiff.

Pursuant to the agreement’s termination clause, the plaintiff was entitled to US $250,000 in liquidated damages.