Catherine Wilde

The plaintiff was involved in two motor vehicle accidents 11 months apart.

He settled his claim against the first tortfeasor and provided a standard release.

The identity of the second tortfeasor was unknown, so the plaintiff sued his own insurer under the unidentified motorist coverage for damages arising exclusively from the second collision.

The insurer brought a third party claim against the first tortfeasor for contribution and indemnity.

The Court of Appeal upheld the motion judge's decision to strike the third party claim, finding that the insurer would only be held liable for the degree of damages attributable to the second accident and therefore had no right to seek contribution or indemnity from the first tortfeasor.

The plaintiff was injured when a park bench she sat on collapsed during a New Year's Eve event.

Shortly before, a town councillor had witnessed a vandal break the bench, but did not report it.

Someone subsequently propped the broken bench back up, making it appear normal.

The trial judge found the municipality liable under the Occupiers' Liability Act for failing to have on-site security and for the councillor's failure to report the damage.

The Court of Appeal allowed the municipality's appeal, holding that the trial judge failed to apply the correct standard of care.

The court found that someone propping up a broken bench to make it appear normal was not a sufficiently probable contingency that the municipality was required to foresee.