NEWS & PUBLICATIONS

The Local Planning Appeal Tribunal released a decision approving permanent Official Plan designations and zoning for the Burl’s Creek Event Grounds in Oro-Medonte. Burl’s Creek is the annual site of the Boots and Hearts Country Music Festival and was chosen by the Rolling Stones as the only Canadian venue for its most recent tour.

David Truman and Kayvan Vakili have joined us as articling students at the firm. They will be exposed to various areas of law, including insurance litigation and commercial law.

David Truman
416 80 1348
[email protected]

Kayvan Vakili
647 427 6818
[email protected]

Bob Sutherland’s recent trial verdict was featured recently in the Toronto Sun. The jury found McMaster University was not liable for the Plaintiff’s injuries. As a result of the verdict, the University was awarded $95,000 for legal costs incurred to defend the action.

David Merner was successful during what has been described as the longest trial in Ontario history. The Trial lasted an unprecedented 106 trial days, before Justice Edwards’ rendered his judgment on July 16, 2018. The Plaintiff had claimed $60 million dollars as a result of personal injuries allegedly suffered during a 1999 train derailment.

Lynn Turnbull led roundtable discussions on “Effective Self-Promotion” and “Practice Development and Profile Building” at the Women in Litigation Symposium on October 27, 2017.

In a decision issued on July 25, 2018, the Local Planning Appeal Tribunal refused an appeal of the decision of Clarington Municipal Council to refuse a “Seasonal Event Venue” in a rural area of Clarington. Nick Macos of Black Sutherland was successful in defending Council’s decision.

Bob Sutherland was successful during a recent trial in Hamilton. The Plaintiff alleged McMaster University failed to properly maintain and supervise a running track on campus, after he was injured by another runner while using the facilities. After 10 days of trial, the jury returned a verdict finding no liability on McMaster University.

Keenan Sprague was interviewed by Canadian Underwriter on the potential liability of occupiers, in the wake of the tragic bombing of a Mississauga restaurant. A full copy of the article can be found here.

On January 18, 2018, Bob Sutherland successfully argued a summary judgment motion on behalf of the University of Western Ontario. Justice Kershman, in granting the motion, found the University did not owe a duty of care to an adult student who was independently partaking in non-academic activities while abroad on academically-related travels.

On March 28, 2018, the Court of Appeal for Ontario released Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313, an important case of first impression addressing the issue of enforceability of waivers in occupiers liability cases on commercial property.

Burl’s Creek, the host site for the Boots & Hearts country music festival located north of Barrie, received approval for camping and parking on lands adjoining its event grounds. The OMB approved the temporary seasonal use recognizing that the site would continue to be used for agriculture.

Nick Macos was successful in obtaining a licence to serve alcohol within Restoration Hardware’s new design store at Yorkdale Mall. For the first time in Ontario, patrons of the store can enjoy a glass of Chardonnay or their favourite beverage while shopping.