Robert Brent

The applicants, two young boys, were injured when an unhitched trailer rolled down a driveway and crushed one of them against a utility pole.

They applied for statutory accident benefits from the insurer of their parents' vehicles.

The insurer denied the claim, arguing the incident was not an 'accident' under section 2(1) of the Statutory Accident Benefits Schedule.

The arbitrator found that the trailer was being used in connection with the pickup truck that towed it, satisfying the purpose test.

The arbitrator also found that the use of the truck and trailer directly caused the injuries, as the trailer was not properly secured and rolled down the driveway immediately after being unhitched.

The arbitrator concluded the incident was an 'accident' and the applicants were entitled to benefits.

The appellant appealed an order striking its claim under Rule 21.01(1)(b).

The core issue was whether the presence of asbestos in a property was a latent or patent defect.

The Court of Appeal upheld the motion judge's conclusion that the defect was patent, as the asbestos was noted in an inspector's report commissioned by the appellant.

The appeal was dismissed with costs.

The appellant appealed a finding of liability after the respondent tripped and fell over pipes left on the sidewalk in front of the appellant's house.

The pipes had been left for five days, contrary to the City of Toronto's by-laws for special collection.

The Court of Appeal dismissed the appeal, finding that the trial judge's conclusion that the appellant breached the standard of care and materially contributed to the injuries was supported by the evidence.