Scott T. Croteau

Following a successful liability trial where the defendants were found 100% liable for a slip and fall, the court addressed the issues of prejudgment interest, postjudgment interest, and costs.

The court awarded prejudgment interest from the date damages were settled (May 4, 2020) to the judgment date (May 2, 2024), and postjudgment interest on the settled damages amount of $65,000.

For costs, the court determined that the simplified procedure cost cap of Rule 76.12.1 did not apply because the action was commenced before January 1, 2020, despite later conversion to simplified procedure.

Applying Rule 49.10, the plaintiff was awarded partial indemnity costs until November 26, 2015, and substantial indemnity costs thereafter, fixed at $80,000 for fees plus HST, and $26,529.07 for disbursements.

The plaintiff, Carmen Ranger, brought an action under the Occupiers' Liability Act for damages sustained from a slip and fall on ice in a pedestrian crosswalk at a shopping mall.

The defendants, including the property owner, property manager (Triovest), and snow removal contractor (Pioneer), were found collectively liable.

The court found that Triovest failed to implement a reasonable winter maintenance system, specifically lacking clear provisions for inspection, monitoring, and response to freezing rain, and failing to prioritize high-traffic areas like the crosswalk.

Pioneer also failed its implied duty to inspect and monitor the property and respond to icy conditions.

The court rejected the defendants' claim of contributory negligence by the plaintiff, finding her actions reasonable.

This trial determined damages for the plaintiff, Katrina Pisani, who sustained injuries in a rear-end motor vehicle collision where liability was admitted by the defendant, Holly McDaniel.

The central issue was whether the plaintiff's injuries met the "permanent serious impairment of an important physical, mental or psychological function" threshold under the Insurance Act.

The court found that the plaintiff's chronic pain, sleep disruption, fatigue, irritability, depression, and anxiety constituted permanent, serious, and important impairments, thereby meeting the threshold.

The court awarded general damages, past loss of income, loss of competitive advantage, past and future loss of housekeeping and home maintenance ability, and costs of future care.

The claim for out-of-pocket expenses was dismissed due to insufficient evidence.

The defendant brought a motion for summary judgment to dismiss the plaintiff's tort action arising from a motor vehicle collision.

The defendant argued that the plaintiff was an excluded driver under an OPCF 28A endorsement, and therefore, pursuant to s. 267.6 of the Insurance Act, was precluded from recovering damages.

The plaintiff claimed an honest but mistaken belief that the exclusion applied only to a specific vehicle and not the newly acquired vehicle involved in the accident.

The court found the excluded driver endorsement to be clear and unambiguous, applying to "ALL VEHICLES INSURED UNDER THIS WAWANESA CERTIFICATE," and deemed the plaintiff's explanations implausible.

Concluding there was no genuine issue requiring a trial, the court granted summary judgment, dismissing the plaintiff's action.

The defendant insurer brought a motion for summary judgment dismissing an action seeking a declaration of entitlement to statutory accident benefits.

The plaintiff was injured when a hoisted vehicle fell on him while he was removing its engine as part of dismantling the vehicle for parts.

The court considered whether the incident constituted an "accident" within s. 2(1) of the Statutory Accident Benefits Schedule, applying the purpose test from the jurisprudence interpreting the use or operation of an automobile.

The court held that dismantling a vehicle destined for scrap fundamentally changes its character and is not an ordinary and well‑known activity to which automobiles are put.

The incident therefore did not arise from the use or operation of an automobile and did not qualify as an accident under the Schedule.