Darren Kirupa

The plaintiff, an 80-year-old woman, sued the City of Toronto after slipping and falling on an allegedly icy sidewalk near an intersection.

The court applied the two-step test for municipal liability under the City of Toronto Act, requiring the plaintiff to first prove the sidewalk was in a state of non-repair.

Based on weather records, winter patrol logs, and the plaintiff's footwear, the court found the plaintiff failed to establish that the sidewalk was in a state of disrepair or presented a dangerous condition.

The action was dismissed, and the City waived its claim for costs.

The plaintiffs brought an action alleging negligence and breach of contract arising from the failure to commence a personal injury action within the limitation period after an automobile accident.

They sued a paralegal firm and a law firm alleged to have promoted a partnership relationship with the paralegal provider.

The lawyer defendants brought a Rule 21 motion to strike the claim on the basis that the plaintiffs were not their clients and that the individual lawyers were protected as members of a limited liability partnership.

The court struck the claims against the individual lawyers without leave to amend, finding they were not partners in the alleged partnership and had no viable claim against them.

However, the court held it was not plain and obvious that the law firm owed no duty of care to the plaintiffs given representations suggesting a partnership relationship, and granted leave to amend the pleading to pursue claims against the firm for vicarious liability, professional negligence, and negligent misrepresentation.