February 28, 2022
In Khatatbeh v. Quispe, 2022 ONSC 933, the defendant scheduled a defence medical examination with a psychiatrist. The psychiatrist asked the plaintiff to sign an authorization or release. The plaintiff refused to sign it on the basis that it required her to disclose any medical conditions or medical problems that she has. Justice D.A. Wilson […]
February 16, 2022
By Emily Vereshchak In Chowdhury v. Her Majesty the Queen in Right of Ontario, 2022 ONSC 991, the plaintiff commenced a civil action in Ottawa against Her Majesty the Queen in Right of Ontario (“Her Majesty”) seeking to invalidate mandatory COVID-19 vaccination laws pursuant to the Charter of Rights and Freedoms (“the Charter”) and the […]
February 14, 2022
In Stephens v. Creative Mechanical et al, 2022 ONSC 955, the court considered whether the plaintiffs made “best efforts” to answer undertakings. The case involves the building of a house. The defendants are contractors. The plaintiffs undertook to make best efforts to locate two subcontractors and to provide will-say statements. The attempts made by the plaintiffs to locate […]
February 10, 2022
In Joseph v. Debs, 2022 ONSC 837, the court declined to order production of the Crown Brief in an ongoing sexual assault prosecution. The plaintiff brought the motion in the context of a civil action alleging libel. The plaintiff claims that the defendant defamed him on Twitter by accusing him of sexually assaulting her when she […]
February 09, 2022
By Natalia Sheikh Overview In Truscott v. Co-Operators General Insurance, 2022 ONSC 829, the Court considered the finality of an umpire’s decision following an appraisal pursuant to section 128 of the Insurance Act, and its impact on subsequent claims flowing from the same loss. Background The plaintiffs were the owners of a building in Hamilton, […]
February 08, 2022
In Dagenais v. Pellerin, 2022 ONCA 76, the Court of Appeal rejected an employer’s argument that it was not vicariously liable for a motor vehicle accident. The employee was a cement finisher who had been instructed by his supervisor to travel to a job site two hours away. While traveling to the job site, the employee […]