MMW LLP
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Toronto ON  M5H 3Y9
Summary Judgment: Trial-in-a-Box or Bespoke Timesaver?
The crime was indisputable: in the ATM vestibule of a TD Bank, two men attacked the plaintiff Bruce Moffitt before running away with his wallet, backpack, and the shoes off his feet. A few moments …
What Happens in Venice, Stays in Venice
What happens when Ontario residents are involved in an accident and sustain injuries in another province, or outside of Canada? Can they sue the responsible parties in Ontario? As shown by Sinclair v …
The Price of Hindsight in Negligence Cases
No good deed goes unpunished, or so the saying goes. Unfortunately, this cliché may be a reality when trying to improve safety. After an accident, it seems logical and even laudable to try to make …
The End of “The Dog Ate My Expert Report”
An expert’s opinion often comes in handy in a trial. In last April’s case Agha v. Munroe , the plaintiff was seeking damages because she couldn’t work after a car accident. An accountant or actuary …
A Reasonable System of Inspection and Detailed Cleaning Logs Can Keep Liability Away
The duty of care for janitorial contractors is reasonableness and not perfection; they do not have to remove every possibility of danger. In a recent Ontario Superior Court decision, the Court held …
Holding Harmless: The Pocket-Protector Clause
You may have come across the term to “hold harmless” (also called “save harmless”) while reviewing a contract regarding a service or product being provided. Holding harmless usually comes part and …