March 03, 2021
By Erin Crochetière In Jonas v. Elliott, 2021 ONCA 124, the Court of Appeal added to the history of cases in which the courts have declined to recognize a duty of care between social hosts and those injured by the actions of their guests.[1] The plaintiff, Mr. Jonas, was assaulted by a guest while attending […]
March 02, 2021
In Sosnov v. J&H Freiberg, 2021 ONSC 1081, the Divisional Court overturned an order regarding a court-appointed expert. The action involves an occupiers’ liability claim. The plaintiff alleges that she hit her head on the underside of an interior staircase in a building. At a pre-trial conference, the pre-trial judge felt it was necessary for the […]
March 01, 2021
Discussions at a pre-trial conference are generally without prejudice and cannot be subsequently disclosed in the proceeding. Rule 50.09 of the Rules of Civil Procedure states: No communication shall be made to the judge or officer presiding at the hearing of the proceeding or a motion or reference in the proceeding with respect to any […]
February 25, 2021
Working from home during the pandemic has been necessary, but a recent decision of Justice Myers shows that it is not without some problems. The decision, Polgampalage v. Devany, 2021 ONSC 1157, involved an unopposed motion to transfer an action from Windsor to Toronto. Justice Myers dismissed the motion because he found an affidavit that […]
February 24, 2021
By Emily Vereshchak The mid-trial ruling of Justice Tranquilli in Solanki v. Reilly, 2021 ONSC 1326,[1] provides an analysis of the importance for counsel to ensure there is a “meeting of the minds” with regards to which claims are being pursued at trial. Overview The plaintiff sought to lead the evidence of an occupational therapist […]
February 22, 2021
In Matlock v. Ottawa-Carleton Standard Condominium Corporation No. 815 et al, 2021 ONSC 390, the plaintiff commenced an action against a condominium corporation for various alleged deficiencies. He also sued several members of the condominium’s Board of Directors. The board members brought a motion to strike the claim as against them. Justice Beaudoin noted that pleadings against […]
