Who is Timothy J. Murphy?

Timothy J. Murphy is an Ontario lawyer with 4 court cases on record from 2001 to 2001.

What courts has Timothy J. Murphy appeared in?

Timothy J. Murphy has appeared in Court of Appeal.

How many cases has Timothy J. Murphy handled?

Timothy J. Murphy has 4 cases on record from 2001 to 2001.

What judges has Timothy J. Murphy appeared before?

Timothy J. Murphy has most frequently appeared before Justice Abella, Justice Feldman, Justice Finlayson.

Timothy J. Murphy

4 total

Hammerson Canada Inc. v. The Regional Municipality of Peel, 2001 ONCA 8562

The appellant appealed a decision finding no conflict between a municipal by-law imposing development charges on commercial/industrial developments and a prior financing agreement.

The Court of Appeal dismissed the appeal, holding that the agreement's silence regarding non-residential development charges did not create a conflict with the by-law under section 14(4) of the Development Charges Act.

The court affirmed that the by-law and the agreement could stand together.

ONCAJun 26, 2001

Applicant Counsel

Grass v. Women's College Hospital, 2001 ONCA 8526

The appellants appealed the dismissal of their medical malpractice action against an obstetrician following a birth resulting in severe brain damage.

The trial judge had dismissed the action by finding no negligence, without first resolving the conflicting evidence on causation.

The Court of Appeal allowed the appeal and ordered a new trial, applying the principle from Meringolo that a trial judge must determine the cause of the injury before addressing whether the defendant breached the standard of care.

ONCAMay 11, 2001

Respondent Counsel

PDC 3 Limited Partnership v. Bregman + Hamann Architects et al., 2001 ONCA 24169

The appellant appealed an order determining two questions of law on a Rule 21 motion before trial.

The underlying action involved a claim for $10,000,000 in damages for a failed roof at Terminal 3 of Pearson International Airport.

The respondents sought to determine whether a $250,000 limitation of liability clause in the architect's contract affected their claims for contribution and indemnity under the Negligence Act.

The Court of Appeal allowed the appeal, holding that the legal issues were novel, complex, and required a full factual record, making them inappropriate for determination on a Rule 21 motion.

ONCAFeb 7, 2001

Respondent Counsel

PDC 3 Limited Partnership v. Bregman + Hamann Architects, 2001 ONCA 38745

The appellant appealed a Rule 21 motion decision that determined complex legal questions regarding contribution and indemnity under section 1 of the Negligence Act in the context of a contractual limitation of liability.

The Court of Appeal allowed the appeal and set aside the motions judge's order, finding that the novel and complex legal issues required a full factual record and should not have been determined before trial.

ONCAFeb 7, 2001