Natalie Gajewski

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 defendants moved for summary judgment to dismiss a professional negligence action arising from a gas station purchase.

The plaintiffs, former shareholders of a bankrupt corporation, alleged their lawyer failed to update a TSSA certificate, leading to deficiencies.

The court found the plaintiffs' claims were personal, not corporate, and were barred by the Limitations Act, 2002, as they were discovered in May 2008, but the action was commenced in December 2010.

The court also ruled that a nunc pro tunc order under s. 38 of the Bankruptcy and Insolvency Act was invalid as it was sought after the limitation period expired, and that the rule in Foss v. Harbottle barred the plaintiffs' claims for loss of investments and income.

The defendants' motion for summary judgment was granted, and the plaintiffs' cross-motion was dismissed.