In McIntyre v. Grigg et al (2006) 83 O.R. (3d), 161, the Court of Appeal, for the first time, considered the issue of whether punitive damages were available in the context of a motor vehicle accident claim. I had the privilege of arguing this appeal after my partner David Smye obtained a very favourable verdict from a Hamilton jury. While the majority in the Court of Appeal upheld the jury’s award for punitive damages, the quantum of the award was reduced substantially.

In tort law, there are few areas that are subject to as much judicial and legislative attention as liability of public authorities for the design and maintenance of roadways. This is a field of law that is very much driven by statute. The Municipal Act, 2001, SO 2001, c 25 and the Public Transportation and Highways Act, RSO 1990, c P.50 and regulations made under those Acts contain a number of provisions that potentially shield road authorities from liability for otherwise negligent actions or omissions. Those provisions are not infrequently varied, changed or repealed. Any change can lead to uncertainty and litigation.

Imagine yourself standing at the bakery counter of your local grocery store. There is a sign that reads bread is 15% off. You ask for a loaf but notice that the baker has cut it in half. Fifteen percent off but for half a loaf. You say that you want a full loaf. The baker says that would cost an extra 30%. Would you buy the loaf? Of course not. The only person benefiting from this deal is the baker. Yet, this is what Premier Wynne has put onto the people of Ontario when it comes to auto insurance. Here is how it works if, for example, a car driver ran a stop sign, broadsided your vehicle and you were injured.