Legal Blog

04 Jan 2015

Owner Cannot Limit Liability When Loaning Out an ATV to a Negligent Driver

by Admin

Fernandes v. Araujo, 2014 ONSC 6432

The Plaintiff, Ms. Fernandes, and the Defendant, Ms. Araujo, were visiting a farm owned by a Mr. Almeida helping him with farm work. After they finished helping, Fernandes and Araujo were given permission by Almeida to drive his ATV on the farm but were told not to leave farm property. Fernandes and Araujo left the farm property on the ATV and were in a roll-over accident on a public road near the farm....

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04 Jan 2015

Negligent Driver in 1st Accident Held Liable for 2nd Accident at the Same Scene

by Admin

Maguire v. Padt, 2014 ONSC 6099

The defendant Suzanne Padt was driving near Toronto when she drove through a whiteout and lost control of her vehicle. Padt’s vehicle went off the road and overturned in a ditch, but she and her infant daughter were unharmed. 

Soon after Padt’s accident, four good Samaritans and one police officer stopped to assist her. Padt and her daughter went to sit in the police car. Three of the good Samaritans were...

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04 Jan 2015

It Ain’t Over Till It’s Over: Judge Orders Plaintiff to Return to Discovery

by Admin

Mercer v. Cronin, 2014 NBQB 207

Paul Mercer brought an action against Peter Cronin after a motor vehicle collision allegedly left Mercer with very serious injuries.  Beginning on October 19, 2006, the Examination for Discovery of Mercer took place, continuing on November 9, 2006 and June 8, 2007. 

During each examination, including the final one of these three, Mercer’s lawyer gave several undertakings.  At the end of the last of these...

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01 Dec 2014

Can Our Courts Force Plaintiffs to Attend Vocational Assessments?

by Admin

Ziebenhaus v. Bahlieda, 2014 ONSC 138

In two separate actions, Defendants applied to the Ontario Superior Court for an order compelling the Plaintiff to undergo assessments, in one case a vocational assessment by a certified vocational evaluator and in the other, a functional capacity evaluation by a chiropractor.

In Ontario, Section 105 of the Courts of Justice Act set out the scheme whereby a court can order a party to undergo a medical...

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01 Dec 2014

Despite Making Daily Visits to Renovate Vacant Home, Owner Denied Insurance

by Admin

Coburn v. Family Insurance Solutions, 2014 BCCA 73

The insureds, Mr. and Mrs. Coburn owned a rental property with long term tenants who moved out January 1, 2011. The Coburns decided to renovate the property, with most renovations done by Mr. Coburn. Mr. Coburn was at the property 8 to 12 hours per day, and on one occasion slept at the residence.

The Coburns spoke to their broker, who told them if the property was vacant longer than 30...

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