The Ministry of the Attorney General recently announced two major reforms to Small Claims and Simplified Procedure as of January 1, 2020. Continue Reading…
FEAR THE DEER? BUCK STOPS WITH THE EMPLOYER: VICARIOUS LIABILITY FOR AN EMPLOYEE’S OFF-DUTY TORTIOUS CONDUCT
Jun4
With the Toronto Raptors beating the Milwaukee Bucks in the NBA Eastern Conference Finals, we were reminded of a case involving three former Bucks players including Hall-of-Famer Gary Payton. Continue Reading…
STATUTORY DEDUCTIBLE AND COLLATERAL DEDUCTIONS LEAD TO DISASTROUS OUTCOME FOR PLAINTIFF
Dec12
The plaintiff was involved in a relatively minor rear-end collision. She brought an action alleging to suffer from chronic pain. Continue Reading…
HAPHAZARD MAINTAINANCE LEADS TO LIABILITY: Labanowicz v. Corporation of the Town of Fort Erie, 2018 ONCA 343
Apr18
1.0 Overview
The duty of care owed by a municipality to persons using recreational trails is set out in section 4 of the Occupiers’ Liability Act. This section provides a lesser duty of care than section 3(1) of the Act, which requires that occupiers take steps to see that persons entering on the premises are reasonably safe while on the premises. The Court of Appeal recently had occasion to consider section 4 and reinforced the existing jurisprudence which provides that reckless disregard for the safety of persons using recreational trails is enough for a finding of liability. Although deliberate intent is also addressed in section 4, it is not a requirement for a finding of liability. Continue Reading…
MMW BURNS SUPPER
Feb21
The MMW Burns Supper in January once again proved to be great fun all the while raising $4,000 for the Toronto Lawyers Feed the Hungry.
Here’s a gallery of photos from our evening at the Toronto Arts and Letters Club to honour the Bard of Scotland.
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KHODR & COBB: STATUTORY DEDUCTIBLE, AND PRE-JUDGMENT INTEREST RATE, AND RULE 49 OFFERS, AND COSTS, OH MY!
Dec4
On Sept. 19, 2017, Ontario insurers took home two big wins from the Court of Appeal. The judgments, from two separate cases collectively dubbed Khodr & Cobb, will result in significant changes to the damages side of MVA tort cases.
Class Action Settlement Approved
Oct2
MMW is class counsel in a case called Ivany v. Financière Telco, Verbeek et al. Barrie Court File No. 01-B2684. The court has approved a settlement between Dundee Securities Corporation and a portion of the class. The court previously certified the case as a class action against Brian Verbeek, Dundee Securities Corporation, and Canadian Western Trust.
In 2016, MMW, acting as class counsel and on instructions from the class representative, agreed to settlement terms with counsel for Dundee. The settlement was subject to court approval. A settlement approval hearing was held in June 2017 before Justice Mullins of the Ontario Superior Court of Justice. On September 2, 2017, Justice Mullins released her decision approving the settlement and signed the Order, attached.
The Dundee Subclass are those persons who invested in Canadian Controlled Private Corporations (CCPCs) funds from their Locked-In Retirement Accounts with investment advisor Brian Verbeek, while he was employed by Dundee Securities Corporation. Members of the Dundee Subclass who have not opted out of the class action are entitled to a share of the settlement. Settlement funds will be administered by Rice Point, a firm that specializes in the administration of class action settlements and the distribution of settlement funds. Members of the Dundee Subclass are encouraged to read the Order for details of how the settlement will be administered. Rice Point will be contacting members of the Dundee Subclass with more information. However, if you are a member of the Dundee Subclass, and you have moved, we urge you to contact Rice Point at the address provided in the Order.
Class Action File No. 01-B2684 Part 1
Class Action File No. 01-B2684 Part 2
SUBWAY GETS SANDWICHED INTO DISCOVERY
Sep5
Justice Thomas Lederer recently dismissed Subway’s application seeking a Norwich Order against Trent University. In doing so, he provided clarity on a “rare and extraordinary discretionary relief”1 of which there is little jurisprudence on in Canada. Continue Reading…
SOME LIKE IT HOT: SABS & DRIVE-THROUGH RELATED INJURIES
Sep5
In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald’s drive-thru in Albuquerque and spilled it on her lap. She sued McDonald’s and a jury awarded her nearly $3 million in punitive damages for the burns she suffered. This case became so famous that in 2011, it was the focus of an HBO documentary (Hot Coffee). Continue Reading…