2022 ONSC 5050 – Trial Decision
The plaintiffs successfully established liability against defendant and assessed the plaintiff’s contributory negligence at 10 per cent.
The trial judge held that all three defendants owed the plaintiff a duty of care but concluded that 2 of the defendants had not breached the applicable standard of care.
The decision was appealed.
2024 ONCA 63 – Appeal decision
The plaintiffs successfully resisted the defendant’s appeal and were partially successfully on their cross-appeal.