November 30, 2020
The decision in Ciarlo et al v. Sesula and Rees, 2020 ONSC 7051, indicates that, when a third party defends a main action in which the plaintiff is a minor, court approval of a dismissal of the third party action is required. The third party claim cannot simply be dismissed on consent. Justice Corthorn noted that […]
November 25, 2020
By Colleen Mackeigan In Crawford v. Standard Building Contractors Limited, 2020 ONSC 7022, the Ontario Superior Court of Justice exercised its discretion under rule 29.02(1.2) of the Rules of Civil Procedure and denied the defendant leave to add a third party for the reason that doing so would cause prejudice to the plaintiff by delaying […]
November 18, 2020
By Carol-Anne Wyseman In Baig v. Mississauga, 2020 ONCA 697, the Court of Appeal recently upheld a summary judgment finding that a man who fell off his bicycle and injured himself in 2013 was barred from suing the Corporation of the Town of Mississauga (“Mississauga”), as the two-year limitation period had expired. Background The plaintiff […]
November 10, 2020
By Brian Sunohara The court’s decision in Sciucca v. Yoon, 2020 ONSC 6539, cautions against using information obtained from discoveries to commence a new action, even if the new action is related to an existing action. The matter involves a failed real estate transaction. Through documentary discovery and oral discovery, the plaintiffs learned of the […]
October 26, 2020
Two class actions against the Toronto Police have settled. The actions arose out of the arrest and detention of hundreds of protesters during the G20 summit that was held in Toronto in June 2010. In Good v. Toronto Police Services Board, 2020 ONSC 6332, Justice Belobaba approved the settlement, which requires payment of up to $16.5 […]
October 20, 2020
In Huma v. Mississauga Hospital, 2020 ONCA 644, the Court of Appeal upheld a motion to enforce a settlement against three plaintiffs who were self-represented at the time of the settlement. One of the issues addressed by the Court of Appeal is the requirement to provide a release upon settlement. The Court noted that a settlement […]
