February 07, 2024
By Emily Vereshchak In Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance, 2024 ONSC 586, the Court considered whether the time, expense, prejudice and volume of documents contained in months of private electronic messages between alleged spouses ought to be produced to determine if the plaintiff’s action was properly commenced pursuant to the Family Law […]
January 24, 2024
By Elizabeth Branopolski In Bustin v. Quaranto, 2023 ONSC 5732, Vince Quaranto (“the defendant”) brought a motion to strike a claim brought by a bystander alleging personal injuries arising from witnessing a motor vehicle accident. The court determined the plaintiff alleged sufficient material facts in his claim to establish a duty of care, refusing to […]
January 12, 2024
At our weekly meeting, Itai Gibli discussed the recent decision in Horvat v. Alam, 2024 ONSC 51. This decision concerned a disqualification motion, and the Superior Court analyzed whether a lawyer has a conflict of interest by acting as counsel of record in a litigation to which they (1) are a material witness and (2) […]
January 10, 2024
By Antoinette Monardo The Ontario Court of Appeal’s decision in Williams v. Tuck, 2023 ONCA 452 grapples with a particular issue concerning abuse of process, namely vexatious litigants, and sheds light on the process required to obtain a vexatious litigant order. Context The appellant, David Williams, commenced three actions in succession against the same defendants, […]
December 15, 2023
At our weekly meeting, Megan Chan discussed the recent decision Ovari v. Brant Community Healthcare System[1], in which the Court considered a motion to strike pleadings for failing to disclose a reasonable cause of action pursuant to Rule 21.01(1)(b). Notably, although the plaintiff was self-represented, the Court granted the defendants’ motion and struck the claims […]
November 09, 2023
By Jordan Petruska In Monster Snacks Inc. v. David, 2023 ONSC 6223, the plaintiff brought a motion to continue the claim and to amend a fresh statement of claim to particularize new allegations against the defendant. The Court granted an order to continue the claim, but dismissed the plaintiff’s motion to amend a fresh statement […]