Ontario civil | Civil Practice and Procedure | Practice on appeal | Powers and duties of appellate court
Plaintiff city bus driver claimed that he was injured in workplace accident, while riding bus home from his route. Driver also claimed injury in separate slip and fall accident, while walking to bus route. Driver brought action against defendant transit authority and driver for first accident. Driver brought second action against defendant city for second accident. Both actions were dismissed. Plaintiff appealed from dismissal of both actions. Appeal dismissed. Vast majority of driver’s grounds for appeal were alleged factual errors. Trial judge made no palpable and overriding errors in findings of fact. Trial judge did not fail to apply thin-skull principle. Thin-skull principle was inapplicable without other elements of successful damages claim. Trial judge made reasonable conclusions based on evidence, finding that city was not grossly negligent as required.
Zaravellas v. City of Toronto (2018), 2018 CarswellOnt 10636, 2018 ONSC 4047, Morawetz R.S.J., Whitten J., and Gray J. (Ont. Div. Ct.); affirmed (2016), 2016 CarswellOnt 8959, 2016 ONSC 3616, S.A.Q. Akhtar J. (Ont. S.C.J.).
