Legate Injury Lawyers Wins at the Court of Appeal
Court of Appeal Victory: Kotsopoulos v. Toronto (City), 2026 ONCA 121
Legate Injury Lawyers is proud to announce a significant victory at the Ontario Court of Appeal. In Kotsopoulos v. Toronto (City), 2026 ONCA 121, our own Alex Wolfe and Amanda Enwright successfully represented the appellant in overturning a partial summary judgment ruling dismissing the plaintiffs’ claim against the City of Toronto.
The decision is an important development in municipal liability and civil procedure, particularly concerning the limits of partial summary judgment motions in complex personal injury litigation.
Background
Our client filed a personal injury claim against the City of Toronto and a nearby property owner relating to a significant leg injury caused by a hidden hole beside a residential street bordering a homeowner’s driveway. The City defended the claim by relying on s. 42(4)(b) of the City of Toronto Act, 2006, which limits municipal liability for injuries occurring in the “untraveled portion of a highway.”
The City brought a partial summary judgment motion, seeking dismissal of the plaintiffs’ claim against it before trial. The motion judge granted the motion, removing the plaintiffs’ claim against the City from the litigation, however, the ruling kept the City in the action through the crossclaim of the nearby property owner.
The Appeal
On appeal, Alex Wolfe argued that the motion judge committed a significant procedural error by granting partial summary judgment in these circumstances, as the case was not appropriate for it. The Court of Appeal agreed.
The Court reiterated that partial summary judgment is an exceptional procedure that risks fragmenting litigation and creating inconsistent findings at trial if used improperly
Once a motion judge determines that partial summary judgment is not appropriate, the motion should not proceed. Procedural convenience or scheduling considerations cannot override the proper application of the law.
As a result, the Court of Appeal allowed the appeal, dismissed the City’s motion for summary judgment, and awarded costs of $15,000 to the appellant/plaintiffs.
The decision underscores the importance of preserving the coherence of trials, particularly in cases involving multiple defendants with intertwined maintenance and safety obligations.
The decision also demonstrates the importance of strategic appellate advocacy in protecting the rights of injured individuals. By successfully challenging the partial summary judgment ruling, Alex Wolfe ensured that the plaintiff’s claim against both defendants can be decided on a full evidentiary record.
Legate Injury Lawyers commends Alex Wolfe and Amanda Enwright for their advocacy in achieving this important result for our client and for advancing the development of personal injury law.
At Legate Injury Lawyers, we are committed to holding municipalities and other defendants accountable when negligence causes injury.
If you or a loved one has been injured due to an unsafe roadway, sidewalk, property, or side of the road hazard, please contact Legate Injury Lawyers to learn more about your rights, legal options, and how we can advocate for you.
