October 09, 2024
By Emily Vereshchak In Bello v. City of Hamilton, 2024 ONSC 5457, the Court examined whether the plaintiff’s personal injury action ought to be dismissed on the basis that the plaintiff was cycling on an untraveled potion of highway in the City of Hamilton. Facts The plaintiff was biking with a group of cyclists along […]
July 03, 2024
By Michael Kryworuk On April 18, 2024, Justice Adrianna Doyle of the Ontario Superior Court of Justice in Bellville released her decision in The Corporation of the Municipality of Marmora and Lake v. His Majesty the King in Right of Ontario, 2024 ONSC 2254. This matter concerned an application brought by the Municipality of Marmora […]
May 15, 2024
By Elizabeth Branopolski In the recent decision of the Ontario Superior Court of Justice, Hamilton-Dawkins v. Town of Ajax, 2024 ONSC 2152, the Court considered whether the Town of Ajax was able to rely on the statutory defences available under s. 44 of the Municipal Act to avoid liability. Background The plaintiff, Dorothy Hamilton-Dawkins, brought an […]
March 20, 2024
By Nasra Esak In Marderosian v. City of Niagara Falls, 2024 ONSC 1043, the Corporation of the City of Niagara Falls brought a summary judgement motion to determine whether the plaintiff’s claim was barred for lack of timely notice, as well as whether it had a duty of care to maintain areas occupied and maintained […]
September 08, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Ontario Court of Appeal in Beardwood et al. v. The City of Hamilton, 2023 ONCA 436. Introduction In Beardwood et al. v. The City of Hamilton, 2023 ONCA 436 (“Beardwood”), the Ontario Court of Appeal (the “ONCA”) considered the statutory impact on a […]
August 02, 2023
By Jennifer Singh In Morris et al. v. Prince et al. [1] the plaintiff was involved in a pedestrian accident, wherein he was hit by the defendant, operating a pickup truck. The plaintiff commenced an action against the defendant driver as well as the City of London. One of the major issues to be determined, […]
