Mitchell Kitigawa

A motor vehicle accident occurred on April 25, 2015, on Scenic Road in Renfrew County involving two vehicles traveling in opposite directions, resulting in serious injury to a passenger.

Damages were resolved prior to trial.

The sole issue at trial was whether the driver of the oncoming vehicle (Prince) bore any liability for the accident.

The defendant driver (Vandenheuvel) admitted to crossing the centre line.

The court found that the plaintiff failed to establish any liability against Prince, dismissing the action against him.

The court found that Prince was driving in his own lane at a reasonable speed and took appropriate evasive action upon discovering the oncoming vehicle.

The plaintiff was awarded over $1.1 million in damages following a personal injury trial.

The parties appeared before the court to determine the costs of the trial and the calculation of a management fee.

The court found that the plaintiff had made reasonable offers to settle that were more favourable than the judgment, entitling her to elevated costs.

The court awarded the plaintiff $852,528.03 in costs and disbursements, and fixed the management fee at $125,000 based on an annualized sliding scale rather than a fixed percentage.

The plaintiff, Hassan Iman Mame, brought a combined tort and accident benefits action following a motor vehicle accident.

After a jury verdict assessing non-pecuniary damages at $45,000, the trial judge conducted a threshold motion under s. 267.5 of the Insurance Act to determine if the plaintiff's injuries met the "permanent serious impairment of an important physical, mental or psychological function" test.

Despite the jury's assessment, the court found that the plaintiff's evidence, even at its highest, did not demonstrate an impairment that substantially interfered with most usual activities of daily living as required by O.Reg. 381/03.

Consequently, the plaintiff was not entitled to non-pecuniary damages, which would have been subject to a statutory deductible.

The plaintiff was awarded $50,000 for pecuniary losses as assessed by the jury, and the accident benefits action against State Farm was dismissed based on the jury's negative answer.

Following a trial in a personal injury action, the court addressed the issue of costs after written submissions.

The successful plaintiff sought substantial indemnity costs alleging litigation misconduct by the defendants, including failure to produce an important engineering drawing and challenging the plaintiff’s credibility.

The defendants argued costs should be reduced due to delay and duplication arising from the plaintiff changing counsel multiple times and periods of self‑representation.

The court held that neither party’s conduct justified substantial indemnity costs and emphasized the principle that cost awards must be fair and reasonable rather than matching actual legal fees.

Partial indemnity costs of $200,000 inclusive of taxes and disbursements were awarded to the plaintiff, apportioned in accordance with the liability findings.

The plaintiff brought a negligence action against a municipality and road construction contractors after tripping on a height differential at a crosswalk during an ongoing road reconstruction project.

The court found that the unfinished roadway created a tripping hazard amounting to a condition of non-repair under s. 44 of the Municipal Act, 2001.

The defendants failed to install temporary ramping or provide adequate warning of the vertical gap between the roadway and depressed curb.

The court rejected allegations of contributory negligence and held that all defendants were occupiers responsible for site safety under the Occupiers’ Liability Act.

Liability was apportioned 50% to the paving contractor and 25% each to the municipality and general contractor, and damages were awarded for general damages, income loss, future care, and expenses.