September 17, 2020
Last week, Alon Barda posted an article on our blog regarding a decision where the court struck a jury notice due to the delay that would be caused by the COVID-19 pandemic. Another decision has been released where the court similarly struck a jury notice. In Louis v. Poitras, 2020 ONSC 5301, Justice Beaudoin stated […]
September 15, 2020
In Smith v. Kane, 2020 ONSC 4814, Justice Gans stated that there is no obligation on a litigant to make an offer to settle. Justice Gans relied on a previous decision which indicated that it would be “an error in law to deny costs to a successful defendant because of a failure to make a […]
September 08, 2020
In McNamee v. Oickle, 2020 ONSC 5078, the plaintiffs received $5,000 following a jury trial arising from a motor vehicle accident. Prior to trial, the defendant had offered a total of $350,000 plus costs. The plaintiffs had offered $900,000 plus costs. Justice Beaudoin described the result “as a crushing and complete loss to the plaintiffs”. Rule […]
September 03, 2020
When a court orders submissions to be kept to a certain page limit, parties must comply with the order. In Stewart & Bernard v. Fuhgeh et al., 2020 ONSC 4850, the court ordered the parties to provide costs submissions by specific dates and limited the submissions to three pages plus a detailed Bill of Costs. […]
September 02, 2020
By Carol-Anne Wyseman A recent decision of the Licence Appeal Tribunal (“LAT”), P.A. v. TD General Insurance Company, 2020 ONLAT 19-001349/AABS, considered an applicant’s entitlement to medical cannabis to treat psychological impairments resulting from a motor vehicle accident involving his family. Facts The applicant’s spouse and children were injured in a motor vehicle accident. The […]
September 01, 2020
A factum at the Court of Appeal is limited to a maximum of 30 pages. If a party wishes to submit a lengthier factum, leave must be sought from the Court of Appeal. Leave is rarely granted. In OZ Merchandising Inc. v. Canada Professional Soccer League Inc., 2020 ONCA 532, the appellant initially prepared a […]
