This recent decision of the Ontario Court of Appeal is likely to cause ripples of apprehension in municipalities across Ontario. In Guy v. Toronto (City), the Court of Appeal upheld both the Divisional Court and the Superior Court decisions finding the City of Toronto liable to Ms. Guy for damages she suffered as a result of a slip and fall on an icy road allowance.
In Zurich v. Ison T.H. Auto Sales, following a large loss event, the insurer paid out $1.1 million to its insured. The insured claimed that it had an additional uninsured loss of $700,000 and commenced an action against the alleged wrongdoer, including in its action both its claim for its uninsured loss and the insurer’s subrogated claim. A dispute arose between the insured and the insurer over who should have carriage and control of the action. The insurer brought an application for carriage of the action. The application was dismissed by the application judge.