Mario Mannarino

The plaintiff, an Ontario resident, sued the defendant, also an Ontario resident, for injuries sustained in a motor vehicle accident that occurred in Quebec.

The defendant brought a motion under Rule 21.01(1) to dismiss the action, arguing that Quebec law applied and barred the tort claim.

The court applied the choice of law rule from Tolofson v. Jensen, holding that the law of the place where the tort occurred (Quebec) governed the action.

Under Quebec's Automobile Insurance Act, tort actions for bodily injury from motor vehicle accidents are barred.

The motion was granted and the action was dismissed.

The defendant brought a motion seeking various forms of interim relief relating to possession and management of an Ottawa taxi plate that was the subject of a long-standing family dispute.

The moving party alleged breaches of a prior order governing rental payments and management of the taxi plate and sought additional orders including possession and other remedies.

The court found that the alleged breaches were disputed and that the existing order provided sufficient protection pending trial.

Leave was granted to amend the statement of defence to add a counterclaim under Rule 26.01 of the Rules of Civil Procedure, and the action was placed under case management with a timetable leading to trial.

Most substantive relief sought in the motion was dismissed, while procedural amendments and scheduling directions were granted.