Mitton v. MTO – A Cautionary Tale Regarding Third Party Claims

A costs decision recently handed down by The Honourable Madam Justice Hooper in a recent case involving the Ministry of Transportation contains an important reminder for those who choose to commence third party claims against other tortfeasors.

The case in question is Mitton v. MTO (2025) ONSC 2645 (CanLii). In this action, the Plaintiff, Ron Busch, was injured in a head-on motor vehicle accident on February 12, 2015, as a result of the Defendant, Christy Mitton, losing control of her vehicle, crossing the centre line of a provincial highway near Belleville, and striking his vehicle head on. Mr. Busch, at the time of the accident, was a 20-year veteran of the Canadian Armed Forces, where he served as a helicopter pilot, and was involved in a number of overseas deployments. As a result of this accident, he sustained a significant foot injury, which prevented him from continuing to fly helicopters. By all accounts, he presented as a sympathetic and credible witness,