N. Groen

The plaintiff sued the Toronto Transit Commission (TTC) for negligence after falling on a bus with a wet floor.

The court examined the bus driver's standard of care, considering the TTC's operator manual and the prevailing weather conditions.

The court found that the driver operated the bus reasonably and prudently, and the plaintiff's fall was not reasonably foreseeable.

Consequently, the action for negligence was dismissed.

The court also made hypothetical findings on causation and contributory negligence, determining that if negligence had been found, the plaintiff would have been 75% contributorily negligent.

The defendant private pre-school moved for summary judgment to dismiss a claim for breach of fiduciary duty brought on behalf of a four-year-old student who was required to withdraw due to repeated misbehavior.

The plaintiff failed to file any evidence in opposition to the motion.

Applying the Hryniak framework, the court used its enhanced fact-finding powers to conclude that the school's decision was contractual, not fiduciary, and that there was no evidence of damages.

The action was dismissed with costs awarded to the defendant.