Deering v. Scugog (Township) et al., 2010 ONSC 5502
| Jurisdiction | Ontario |
| Judge | Howden, J. |
| Court | Superior Court of Justice of Ontario (Canada) |
| Subject Matter | TORTS,MUNICIPAL LAW |
| Date | 05 October 2010 |
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10 practice notes
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Fordham v. Dutton-Dunwich (Municipality), 2014 ONCA 891
...1 ; 2002 SCC 33 , dist. [paras. 27, 38 et seq.]. Deering v. Scugog (Township) et al., [2010] O.T.C. Uned. 5502 ; 3 M.V.R.(6th) 33 ; 2010 ONSC 5502, affd. [2012] O.A.C. Uned. 325 ; 33 M.V.R.(6th) 1 ; 2012 ONCA 386 , leave to appeal refused (2012), 447 N.R. 385 (S.C.C.), refd to. [par......
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Chiocchio v. Ellis, 2016 ONSC 7570
...shifts to the defendant city to establish at least one of the three defences in subsection 44(3). See Deering v. Scugog (Township), 2010 ONSC 5502, at para. 185, aff’d 2012 ONCA 386, leave to appeal ref’d [2012] S.C.C.A. No. 351; see also Fordham at para. FORDHAM STEP #1 – NON-REPAIR OF ROA......
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Top 5 Civil Appeals From The Court Of Appeal (January 2015)
...duty does not extend, however, to making its roads safe for negligent motorists. As Howden J. held in Deering v. Scugog (Township), 2010 ONSC 5502, 3 M.V.R. (6th) 33, which was affirmed by the Court in a brief endorsement, 2012 ONCA 386, 33 M.V.R. (6th) 1, the standard of care "rests on the......
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Stop Here, Not There: Court Of Appeal Comes To Seemingly Different Conclusions In Two Strikingly Similar Roadway Repair Cases
...driver" is not a perfect driver, but one that makes mistakes. As had been explained previously in Deering v. Scugog (Township), 2010 ONSC 5502, the ordinary reasonable driver is "of average intelligence, pays attention, uses caution when conditions warrant, but is human and sometimes makes ......
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7 cases
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Fordham v. Dutton-Dunwich (Municipality), 2014 ONCA 891
...1 ; 2002 SCC 33 , dist. [paras. 27, 38 et seq.]. Deering v. Scugog (Township) et al., [2010] O.T.C. Uned. 5502 ; 3 M.V.R.(6th) 33 ; 2010 ONSC 5502, affd. [2012] O.A.C. Uned. 325 ; 33 M.V.R.(6th) 1 ; 2012 ONCA 386 , leave to appeal refused (2012), 447 N.R. 385 (S.C.C.), refd to. [par......
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Chiocchio v. Ellis, 2016 ONSC 7570
...shifts to the defendant city to establish at least one of the three defences in subsection 44(3). See Deering v. Scugog (Township), 2010 ONSC 5502, at para. 185, aff’d 2012 ONCA 386, leave to appeal ref’d [2012] S.C.C.A. No. 351; see also Fordham at para. FORDHAM STEP #1 – NON-REPAIR OF ROA......
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Smith v. Safranyos, 2018 ONCA 760
...in repair that those users of the road, exercising ordinary or reasonable care, could use it in safety”: Deering v. Scugog (Township), 2010 ONSC 5502, at para. 100, affirmed 2012 ONCA 386, leave to appeal from C.A. refused [2012] S.C.C.A. No. 351. In adopting the Deering standard of care te......
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Stamatopoulos v. The Regional Municipality of Durham, 2019 ONSC 603
...the “ordinary reasonable driver”. The Court of Appeal held as follows, citing with approval the decision of Deering v. Scugog (Township), 2010 ONSC 5502: Ordinary reasonable drivers are not perfect drivers; they make mistakes. As Howden J. wrote in Deering, at para. 154: In conclusion, I ac......
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3 firm's commentaries
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Top 5 Civil Appeals From The Court Of Appeal (January 2015)
...duty does not extend, however, to making its roads safe for negligent motorists. As Howden J. held in Deering v. Scugog (Township), 2010 ONSC 5502, 3 M.V.R. (6th) 33, which was affirmed by the Court in a brief endorsement, 2012 ONCA 386, 33 M.V.R. (6th) 1, the standard of care "rests on the......
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Stop Here, Not There: Court Of Appeal Comes To Seemingly Different Conclusions In Two Strikingly Similar Roadway Repair Cases
...driver" is not a perfect driver, but one that makes mistakes. As had been explained previously in Deering v. Scugog (Township), 2010 ONSC 5502, the ordinary reasonable driver is "of average intelligence, pays attention, uses caution when conditions warrant, but is human and sometimes makes ......
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Looking For Reform In All The Wrong Places
...of the municipality. In any event, concurrent liability makes that largely irrelevant. The article uses the case of Deering v. Scucog (2010) ONSC 5502 as an illustration of the allegedly adverse consequences of the joint and several principles. It is, in reality, an illustration of how well......