Winters et al. v. Haldimand (County) et al., [2015] O.A.C. Uned. 63
| Jurisdiction | Ontario |
| Judge | MacFarland, Hourigan and Benotto, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Subject Matter | PRACTICE,DAMAGE AWARDS,TORTS |
| Citation | [2015] O.A.C. Uned. 63,[2015] O.A.C. Uned. 63 (CA),2015 ONCA 98 |
| Date | 28 January 2015 |
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5 practice notes
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Scala v. Toronto Police Services Board, 2019 ONSC 4359
...damages for personal injury. There is no general rule that derivative plaintiffs ought not to pay costs: Winters v. Haldimand (County), 2015 ONCA 98, 33 M.P.L.R. (5th) 1 at para. 22; Isaac Estate v. Matuszynska, 2018 ONCA 177, 23 M.V.R. (7th) 173 at para. 42. However, courts have apportione......
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Isaac Estate v. Matuszynska, 2018 ONCA 177
...practice. [42] The appellants acknowledge that FLA claimants are not generally exempt from costs awards: see Winters v. Halimand (County), 2015 ONCA 98, 33 M.P.L.R. (5th) 1, at para. 22. However, the appellants submit that the motion judge failed to consider their submission that the FLA cl......
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Is There A Duty To Warn Of Obvious Dangers?
...motion judge also found that a round dumbbell rolling is an obvious risk. No warning was required. Park In Winters v. Haldimand (County), 2015 ONCA 98, a 16 year old boy fell from a tree at a park and was rendered a paraplegic. The evidence disclosed that generations of teenagers had climbe......
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Lavoie v. Rainbow Centre Mall,
...Borrowing from the wording of the Ontario Court of Appeal in Winters v. Corporation of Haldimand County, 2015 ONCA 98, and adapting it to the circumstance of this case: any danger posed by the use of the escalator in this fashion was an obvious one. If you chose to hang on to the outside ra......
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3 cases
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Scala v. Toronto Police Services Board, 2019 ONSC 4359
...damages for personal injury. There is no general rule that derivative plaintiffs ought not to pay costs: Winters v. Haldimand (County), 2015 ONCA 98, 33 M.P.L.R. (5th) 1 at para. 22; Isaac Estate v. Matuszynska, 2018 ONCA 177, 23 M.V.R. (7th) 173 at para. 42. However, courts have apportione......
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Isaac Estate v. Matuszynska, 2018 ONCA 177
...practice. [42] The appellants acknowledge that FLA claimants are not generally exempt from costs awards: see Winters v. Halimand (County), 2015 ONCA 98, 33 M.P.L.R. (5th) 1, at para. 22. However, the appellants submit that the motion judge failed to consider their submission that the FLA cl......
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Lavoie v. Rainbow Centre Mall,
...Borrowing from the wording of the Ontario Court of Appeal in Winters v. Corporation of Haldimand County, 2015 ONCA 98, and adapting it to the circumstance of this case: any danger posed by the use of the escalator in this fashion was an obvious one. If you chose to hang on to the outside ra......
2 firm's commentaries
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Is There A Duty To Warn Of Obvious Dangers?
...motion judge also found that a round dumbbell rolling is an obvious risk. No warning was required. Park In Winters v. Haldimand (County), 2015 ONCA 98, a 16 year old boy fell from a tree at a park and was rendered a paraplegic. The evidence disclosed that generations of teenagers had climbe......
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Court Of Appeal Summaries (February 9 To February 13, 2015)
...agreement before the appeal was heard, which included the matter that costs were payable to the respondents. Winters v Haldimand (County), 2015 ONCA 98 [MacFarland, Hourigan and Benotto JJ.A.] Counsel: N.R. Jones and J.P. Cavanagh, for the appellants S. Handler and B. McCall, for the Keywor......