May 05, 2021
By Athina Ionita Andrin Hillsborough Limited v. Eliaszadeh, 2021 ONSC 3229, provides a helpful discussion on pleading bad faith, and the importance of pleading with sufficient clarity. Background This decision relates to the defendants’ motion for leave to amend their Statement of Defence, and to add a Counterclaim. The plaintiff opposed the motion, and also […]
May 04, 2021
The Court of Appeal recently overturned a dismissal of a medical malpractice action due to improper expert evidence. In Parliament v. Conley, 2021 ONCA 261, a baby was diagnosed with hydrocephalus (an accumulation of fluid within the brain) when he was around four month old. He is now 21 years old and has cognitive and physical […]
May 03, 2021
In Kruger v. Queen Elizabeth Hotel GP Inc., 2021 ONSC 3097, the court considered a refusals motion in a slip and fall case. Two of the refusals motions related to post-accident remedial measures taken by the defendant. The plaintiff asked for any relevant emails regarding anti-slip material that was used after the date of the accident. […]
April 28, 2021
By Andrew Yolles The Ontario Superior Court recently released joint decisions in Mallette v. Bank of Montreal, 2021 ONSC 2924, and Bannister v. Canadian Imperial Bank of Commerce, 2021 ONSC 2927, approving the settlement of both class actions arising from a data breach that occurred at BMO and CIBC in May of 2018. Background On […]
April 27, 2021
Lawyers frequently swear affidavits in support of motions. A recent court decision cautions that a lawyer’s personal beliefs or opinions do not belong in an affidavit. In Rochon v. Commonwell Mutual Insurance Group, 2021 ONSC 2880, the plaintiff sought to amend the statement of claim. In an affidavit, defence counsel stated that he “verily believes” that the […]
April 26, 2021
When surveillance videos are produced by a defendant to a plaintiff, a question sometimes arises whether the reports and notes of the investigators also need to be produced. In Rumney v. Nelson, 2021 ONSC 2493, Justice Fowler Byrne held that the investigators’ reports and notes do not have to be produced. Privilege over these documents is […]
