Sophia Souffront

This ruling addresses a defendant's motion for leave to call more than three expert witnesses at a jury trial for a motor vehicle accident.

The plaintiff opposed, alleging duplication and disadvantage between the defendant's proposed physiatrist and orthopaedic surgeon.

The court granted leave, finding that the proposed five experts, despite some similar observations in their reports, represented distinct specialties and provided unique perspectives necessary for a full adjudication of damages, particularly in a chronic pain case.

The court found no undue duplication or disadvantage to the plaintiff.

The plaintiff initiated an action against Toronto Community Housing Corporation (TCHC) for damages resulting from a slip and fall on January 3, 2011.

TCHC brought a motion for summary judgment, arguing that the plaintiff's injuries occurred on a road owned and maintained by the City of Toronto, thus precluding TCHC's liability.

The court granted summary judgment, dismissing the action against TCHC, finding no genuine issue requiring a trial.

The uncontradicted evidence showed the fall occurred on municipal property, and there was no evidence TCHC had assumed maintenance responsibilities or contributed to the incident.

Costs were awarded to TCHC.

Angela Piccone and her husband sought an order to extend the time for service of their Statement of Claim on North Country Property Maintenance Inc. due to improper initial service by their previous lawyer.

North Country opposed, claiming prejudice from the delay.

The court granted the extension, finding that North Country and its insurer had early knowledge of the incident and claim, and the delay was not intentional.

The court determined that the extension would not cause unfair prejudice to North Country and would facilitate access to justice for the plaintiffs.