Rizzi v. Mavros et al., (2007) 224 O.A.C. 293 (CA)

JudgeGillese, J.A.
CourtCourt of Appeal (Ontario)
Case DateMay 02, 2007
JurisdictionOntario
Citations(2007), 224 O.A.C. 293 (CA);2007 ONCA 350

Rizzi v. Mavros (2007), 224 O.A.C. 293 (CA)

MLB headnote and full text

Temp. Cite: [2007] O.A.C. TBEd. MY.019

Debbie Rizzi and Delio Rizzi (plaintiffs/appellant/responding party) v. George Mavros and Thomas Partalas (defendants/respondents/moving parties)

(M35020 (C44688); 2007 ONCA 350)

Indexed As: Rizzi v. Mavros et al.

Ontario Court of Appeal

Gillese, J.A.

May 8, 2007.

Summary:

Rizzi injured her leg attempting to move some metal sheets that were stored in the laundry/storage room of her apartment building. The apartment building was owned by the defendants. Rizzi later developed fibromyalgia. Rizzi and her husband sued the defendants for damages. Causation respecting the fibromyalgia was a central issue at trial. The jury found that Rizzi's fibromyalgia was caused or materially contributed to by the laundry/storage room incident. They assessed substantial damages, but found Rizzi to be 75% contributorily negligent. Rizzi appealed the quantum of general non-pecuniary damages and the assessment of contributory negligence. She requested a variation of the judgment or, alternatively, a new trial. The appeal was perfected in January 2007 and scheduled to be heard in July 2007. In February and April 2007, decisions from the Supreme Court of Canada and the Ontario Court of Appeal, respectively, were issued respecting causation. On reviewing the decisions, the defendants' counsel immediately sought and received instructions to cross-appeal on the issue of causation. The defendants sought leave for an extension of time to cross-appeal on the grounds that the trial judge erred in his instruction to the jury respecting the law of causation.

The Ontario Court of Appeal, per Gillese, J.A., allowed the motion in the interest of justice, but ordered costs to Rizzi in the amount of $4,000.

Practice - Topic 9165

Appeals - Cross-appeals, notices of contention and notices to vary - Filing of - Extension of time - Rizzi injured her leg attempting to move some metal sheets that were stored in the laundry/storage room of her apartment building - The apartment building was owned by the defendants - Rizzi later developed fibromyalgia - Causation respecting the fibromyalgia was a central issue at trial - The jury found that Rizzi's fibromyalgia was caused or materially contributed to by the laundry/storage room incident - They assessed substantial damages, but found Rizzi to be 75% contributorily negligent - Rizzi appealed the quantum of general non-pecuniary damages and the assessment of contributory negligence - She requested a variation of the judgment or, alternatively, a new trial - The appeal was perfected in January 2007 and scheduled to be heard in July 2007 - In February and April 2007, decisions from the Supreme Court of Canada and the Ontario Court of Appeal, respectively, were issued respecting causation - On reviewing the decisions, the defendants' counsel immediately sought and received instructions to cross-appeal on the issue of causation - The defendants sought leave for an extension of time to cross-appeal on the grounds that the trial judge erred in his instruction to the jury respecting the law of causation - The Ontario Court of Appeal, per Gillese, J.A., allowed the motion in the interest of justice.

Cases Noticed:

Hanke v. Resurfice Corp. et al. (2007), 357 N.R. 175; 2007 SCC 7, refd to. [para. 11].

Athey v. Leonati et al., [1996] 3 S.C.R. 458; 203 N.R. 36; 81 B.C.A.C. 243; 132 W.A.C. 243, refd to. [para. 11].

Barker et al. v. Montfort Hospital et al. (2007), 223 O.A.C.201 (C.A.), refd to. [para. 13].

Kefeli v. Centennial College of Applied Arts and Technology et al., [2002] O.A.C. Uned. 187 (C.A.), refd to. [para. 16].

Bratti v. Wabco Standard Trane Inc. (1994), 25 C.B.R.(3d) 1 (Ont. C.A.), refd to. [para. 17].

Counsel:

Douglas A. Wallace, for the respondents/moving parties;

Karl Arvai, for the appellant/responding party.

This motion was heard on May 2, 2007, by Gillese, J.A., of the Ontario Court of Appeal, who delivered the following endorsement on May 8, 2007.

To continue reading

Request your trial
36 practice notes
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • 15 Febrero 2022
    ...v. Taylor, 2022 ONCA 122 Keywords: Civil Procedure, Appeals, Vexatious Litigants, Rules of Civil Procedure, Rule 2.1.01, Rizzi v. Mavros, 2007 ONCA 350, Reid v. College of Chiropractors of Ontario, 2016 ONCA 779, Friedrich v. Metropolitan Toronto Condominium Corporation No. 1018, 2019 ONCA ......
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • 15 Febrero 2022
    ...v. Taylor, 2022 ONCA 122 Keywords: Civil Procedure, Appeals, Vexatious Litigants, Rules of Civil Procedure, Rule 2.1.01, Rizzi v. Mavros, 2007 ONCA 350, Reid v. College of Chiropractors of Ontario, 2016 ONCA 779, Friedrich v. Metropolitan Toronto Condominium Corporation No. 1018, 2019 ONCA ......
  • COURT OF APPEAL SUMMARIES (FEBRUARY 1 – 5, 2021)
    • Canada
    • LexBlog Canada
    • 6 Febrero 2021
    ...Extension of Time, Substitute Decisions Act, s. 42(4)(6), Rules of Civil Procedure, Rules 61.07(1)(a), 61.12(6)(b), Rizzi v. Mavros, 2007 ONCA 350 Wang v Banton, 2021 ONCA 72 Keywords: Torts, Negligence, MVA, Civil Procedure, Appeals, Jurisdiction, Extension of Time, Medical Examinations, C......
  • Court Of Appeal Summaries (February 1 ' 5, 2021)
    • Canada
    • Mondaq Canada
    • 10 Febrero 2021
    ...Extension of Time, Substitute Decisions Act, s. 42(4)(6), Rules of Civil Procedure, Rules 61.07(1)(a), 61.12(6)(b), Rizzi v. Mavros, 2007 ONCA 350 Wang v Banton, 2021 ONCA 72 Keywords: Torts, Negligence, MVA, Civil Procedure, Appeals, Jurisdiction, Extension of Time, Medical Examinations, C......
  • Request a trial to view additional results
27 cases
  • Rizzi v. Mavros et al., (2008) 236 O.A.C. 4 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 30 Octubre 2007
    ...in his instruction to the jury respecting the law of causation. The Ontario Court of Appeal, per Gillese, J.A., in a decision reported at 224 O.A.C. 293, allowed the motion in the interest of justice, but ordered costs to Rizzi in the amount of $4,000. The appeal The Ontario Court of Appeal......
  • Sutherland Lofts Inc. v. Peck, 2017 ONCA 803
    • Canada
    • Court of Appeal (Ontario)
    • 19 Octubre 2017
    ...(in Chambers); Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131 at para. 15, 114 O.R. (3d) 636 (in Chambers); and Rizzi v. Mavros, 2007 ONCA 350 at para. 16, 85 O.R. (3d) 401 (in [4] The responding parties oppose the extension on all grounds. In oral argument, counsel submitted that:......
  • Men at Work General Contractors Ltd. v. MacDonald et al., 2015 ONSC 860
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 6 Febrero 2015
    ..., 2013 ONSC 3311 (Div. Ct.), at para11; Enbridge Gas Distribution Inc. v. Froesei̧ 2013 ONCA 313, at para 15; Rizzi v. Mavrosi, 2007 ONCA 350, at para. 16. [18] As Simmonds J.A. stated in Kefeli v. Centennial College of Applied Arts and Technology 2002 CanLII 24017(ONCA) at para. 14: ......
  • Mignacca v. Merck Frosst Canada Ltd. et al., (2009) 249 O.A.C. 19 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 5 Mayo 2009
    ...of Applied Arts and Technology et al., [2002] O.A.C. Uned. 187; 23 C.P.C.(5th) 35 (C.A.), refd to. [para. 11]. Rizzi v. Mavros et al. (2007), 224 O.A.C. 293; 85 O.R.(3d) 401 (C.A.), refd to. [para. Hillmond Investments Ltd. v. Canadian Imperial Bank of Commerce (1996), 91 O.A.C. 54; 29 O.R.......
  • Request a trial to view additional results
9 firm's commentaries
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • 15 Febrero 2022
    ...v. Taylor, 2022 ONCA 122 Keywords: Civil Procedure, Appeals, Vexatious Litigants, Rules of Civil Procedure, Rule 2.1.01, Rizzi v. Mavros, 2007 ONCA 350, Reid v. College of Chiropractors of Ontario, 2016 ONCA 779, Friedrich v. Metropolitan Toronto Condominium Corporation No. 1018, 2019 ONCA ......
  • Court Of Appeal Summaries (February 7-11, 2022)
    • Canada
    • Mondaq Canada
    • 15 Febrero 2022
    ...v. Taylor, 2022 ONCA 122 Keywords: Civil Procedure, Appeals, Vexatious Litigants, Rules of Civil Procedure, Rule 2.1.01, Rizzi v. Mavros, 2007 ONCA 350, Reid v. College of Chiropractors of Ontario, 2016 ONCA 779, Friedrich v. Metropolitan Toronto Condominium Corporation No. 1018, 2019 ONCA ......
  • COURT OF APPEAL SUMMARIES (FEBRUARY 1 – 5, 2021)
    • Canada
    • LexBlog Canada
    • 6 Febrero 2021
    ...Extension of Time, Substitute Decisions Act, s. 42(4)(6), Rules of Civil Procedure, Rules 61.07(1)(a), 61.12(6)(b), Rizzi v. Mavros, 2007 ONCA 350 Wang v Banton, 2021 ONCA 72 Keywords: Torts, Negligence, MVA, Civil Procedure, Appeals, Jurisdiction, Extension of Time, Medical Examinations, C......
  • Court Of Appeal Summaries (February 1 ' 5, 2021)
    • Canada
    • Mondaq Canada
    • 10 Febrero 2021
    ...Extension of Time, Substitute Decisions Act, s. 42(4)(6), Rules of Civil Procedure, Rules 61.07(1)(a), 61.12(6)(b), Rizzi v. Mavros, 2007 ONCA 350 Wang v Banton, 2021 ONCA 72 Keywords: Torts, Negligence, MVA, Civil Procedure, Appeals, Jurisdiction, Extension of Time, Medical Examinations, C......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT