Don Harvey

The plaintiff brought an action against the municipality and its snow removal contractor after slipping and falling on a snowy sidewalk.

The defendants brought a motion for summary judgment.

The court granted the motion, finding that the municipality was not grossly negligent as it had a reasonable general policy for snow removal and responded reasonably to the specific snow event.

The court also found the municipality could rely on statutory defences under the City of Toronto Act, and that the contractor had complied with its contractual obligations.

Following a trial where the plaintiff was awarded $24,442.42 in damages for personal injury, the court determined the issue of costs.

The defendants argued the plaintiff should be denied costs under Rule 76.13 for failing to use the simplified procedure.

The court found it was reasonable for the plaintiff to have commenced and continued the action under the ordinary procedure, as the damages claimed were originally well above the $50,000 threshold.

The court awarded the plaintiff partial indemnity costs of $36,771.98, reducing the requested amount to account for duplication of efforts caused by the plaintiff's team approach to litigation.

The plaintiff sued the defendant fitness club for a finger amputation injury sustained while using a vertical leg press machine.

The plaintiff alleged his foot slipped off the machine's platform because he had stepped in a puddle of water near a water fountain.

The court found the defendants breached their duty under the Occupier's Liability Act because there was no evidence their maintenance system was actually implemented on the day of the accident.

The court also found the plaintiff was 50% contributorily negligent for failing to ensure his shoes were dry before using the heavy weight machine.

Damages were assessed at $48,884.84 and apportioned equally, resulting in a judgment of $24,442.42 for the plaintiff.