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 […]
November 03, 2023
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Ontario Court of Appeal in 2177546 Ontario Inc. v. 2177545 Ontario Inc., 2023 ONCA 693. In this decision, the Court applied the three-part test established in Celanese Canada Inc. v. Murray Demolition Corp., 2006 SCC 36 for when a party accesses privileged information. The Court […]
November 01, 2023
By Nasra Esak In a recent decision of the Ontario Court of Appeal, Javid Estate v. Watson, 2023 ONCA 665, the Court of Appeal outlined the relevant factors Courts must consider when deciding on a motion for an extension of time to appeal. This decision serves as a reminder to litigators of the Court’s expectations […]
October 20, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Superior Court of Justice in Singh et al. v. Braich, 2023 ONSC 5053, which concerned a motion that followed an examination for discovery gone awry. Background The underlying action arose out of a motor vehicle accident in July 2019. Following the accident, the […]
September 22, 2023
At our weekly meeting, Megan Chan discussed the recent decision of the Ontario Superior Court in Mohamud v. Juskey, 2023 ONSC 4414. This decision arose from a motion by the defendants to compel the plaintiff to attend a defence medical examination, and disclose the contents of her social media accounts. The court declined to order […]
September 06, 2023
By Nasra Esak In Sase Aggregate Ltd. v. Langdon, 2023 ONCA 554, the Court of Appeal considered a defrauded company’s attempt to recover stolen funds not from the employee who committed the fraud, but from the employee’s spouse. The case recognizes the significance of proper tracing, knowledge, and the application of identifying constructive trusts. Background […]