Lianne Sharvit

The plaintiffs brought a motion seeking leave under Rule 48.04 to amend their Statement of Claim, move the action to the Simplified Rules, and strike the jury notice.

The action, arising from a motor vehicle accident, had already been set down for trial.

The court dismissed the motion, finding no substantial or unexpected change in circumstances to justify granting leave.

Furthermore, the court held that the right to a jury trial is a substantive right and there was no advantage to moving the action to the Simplified Procedure at this late stage, especially given the plaintiffs' failure to serve expert reports.

The appellants appealed the dismissal of a third party claim arising from a tug-of-war injury.

The plaintiff was severely injured during a recreational tug-of-war at a campground when his arm became caught in a loop in the rope, resulting in amputation of his forearm.

The appellants sought contribution and indemnity from the third parties who participated in the game.

The motion judge dismissed the third party claim, finding that the third parties owed no duty of care to the plaintiff.

The Court of Appeal upheld the dismissal, holding that the third parties did not fall within any of the circumstances that would impose a positive duty to act, and that the injury was not a reasonably foreseeable result of participation in a recreational tug-of-war game.

The defendant in a personal injury action moved to compel the plaintiff to produce social media content (Facebook and Instagram) from three years pre-accident to present.

The plaintiff alleged severe injuries, including inability to wear high heels or dance, and loss of interest in social activities.

The defendant's private investigator obtained screen captures showing the plaintiff dancing and wearing high heels, contradicting her claims.

The court considered the relevance of social media content to the plaintiff's alleged physical limitations and enjoyment of life, balancing it against privacy interests.

It also addressed the requirement for leave to bring such a motion close to trial.

The motion was granted, ordering the plaintiff to produce electronic or paper copies of photographs from her Facebook and Instagram accounts.

Following the successful summary judgment motions by six third parties dismissing the third party claims against them, the court determined the costs to be awarded.

The defendants argued that costs for a prior summary judgment motion and an appeal should not be included.

The court found that the preparation for the prior motion and attendance at the appeal were incidental to the third party claims and awarded costs on a partial indemnity scale, rejecting a request for substantial indemnity costs.

The defendants in a personal injury action arising from a recreational tug-of-war game brought a third-party claim for contribution and indemnity against several other participants in the game.

Six of the third parties moved for summary judgment to dismiss the claim against them.

The court applied the Anns/Cooper test and found that the participants did not owe a duty of care to the plaintiff, as they did not organize the event, create the risk, or have a special relationship requiring them to take positive action to prevent injury.

The court granted the motions and dismissed the third-party claims.

The plaintiff was assaulted by a bouncer outside the defendants' bar.

The defendants were noted in default and an undefended trial proceeded to assess damages.

The court found the bouncer liable for assault and the bar owner vicariously liable.

The plaintiff was awarded $10,000 in general damages for a permanent facial scar and minor nasal fracture, $330 for loss of income, $10,000 for loss of competitive advantage, $100 in special damages, and $1,333.45 for a subrogated OHIP claim.