Timothy P.D. Bates

The appellant appealed the dismissal of her negligence claim against the respondent dairy after she tripped and fell in its parking lot.

The trial judge found the parking lot was in a state of disrepair and the respondent's inspection system was inadequate, but dismissed the action because the appellant could not identify the precise location of her fall.

The Court of Appeal allowed the appeal, holding that the trial judge erred in her causation analysis by setting too high an onus.

Given the uncontradicted evidence of the parking lot's extensive disrepair and the absence of any alternative cause, the court found the respondent's negligence caused or materially contributed to the appellant's injuries.

The appellants appealed from an order dismissing their motion to strike the plaintiffs' statement of claim and dismiss the action.

The plaintiffs had previously been found to have breached their fiduciary duty in a prior action and subsequently commenced this action alleging fraud and conspiracy against their former adversaries and their lawyers.

The Divisional Court allowed the appeal, finding that the amended statement of claim was an unauthorized abuse of process, the plaintiff lacked capacity to represent the estate, and the action was a collateral attack on the prior judgment barred by res judicata.

The statement of claim was struck without leave to amend and the action was dismissed.

The appellants appealed a trial judge's refusal to accede to a joint request to remove a party defendant from the action.

Based on an Agreed Statement of Facts filed as fresh evidence and the consent of the parties, the Court of Appeal allowed the appeal.

The court set aside the finding of negligence against the appellant and amended the judgment to remove her as a party defendant.