September 10, 2021
At our weekly firm meeting, Annie Levanaj discussed the recent decision of Justice Boswell dismissing a summary judgment motion brought by the defendants in Adler v. Promenade General Partner Inc., 2021 ONSC 5393. Incident This action arose from an incident that occurred on August 8, 2018, when Ms. Adler, the plaintiff, slipped and fell while […]
July 23, 2021
At our weekly meeting, Chris MacDonald discussed the recent Superior Court decision in Fernandez v. Toronto (City of), 2021 ONSC 5106. In this decision, Justice Perell considered a summary judgment motion brought by the defendants to dismiss the plaintiff’s action. Facts On the morning of December 11, 2014, after a night of heavy snowfall, the […]
July 02, 2021
At our weekly meeting, Athina Ionita discussed the recent decision in Arksey v Sky Zone Toronto, 2021 ONSC 4594. In that case, the defendant moved for a summary judgment motion to dismiss the plaintiff’s claim for damages for personal injury. The plaintiff was injured when attending at the defendant’s premises, Sky Zone, a trampoline recreation […]
June 02, 2021
By Erin Crochetière In Avedian v. Enbridge Gas Distribution Inc., 2021 ONCA 361 the Court of Appeal granted an appeal from an order granting summary judgment on the basis that the motion should not have been allowed to proceed after the trial had been scheduled. The Court of Appeal also commented on the potential liability […]
April 13, 2021
In Joseph v. Coxall-Mejia et al, 2021 ONSC 2508, the court granted summary judgment to the owner of an automobile and the owner’s insurer because the defendant driver did not have consent to possess the automobile. The driver was the son of the owner. The plaintiff went to visit the son. The son asked his mother […]
March 15, 2021
In Malik v. Attia, 2020 ONCA 787, the Court of Appeal provided directions on the factors to consider when determining whether a motion for partial summary judgment should proceed. The Court of Appeal indicated that the risk of inconsistent findings is only one factor. The court must determine whether partial summary judgment will achieve the […]