March 25, 2022
At our weekly meeting, Pip Swartz discussed the recent decision of the Divisional Court in Dunbar et al v. Ontario Gaming West GTA Limited Partnership, 2022 ONSC 1096, regarding the applicable rules for a casino game. Summary The underlying action in Dunbar et al v. Ontario Gaming West GTA Limited Partnership arose from a dispute […]
March 23, 2022
By Erin Crochetiere The action in Spry v. Southlake Regional Health Centre et al., 2022 ONSC 1783 involved a claim for medical negligence following the plaintiff’s attendance at the emergency room at Southlake Regional Health Centre (“Southlake”) on February 16, 2018. The plaintiff commenced an action against Southlake, Peter Ko, a physician’s assistant, and Dr. […]
March 17, 2022
In Doef v. Hockey Canada et al, 2022 ONSC 1411, one of the issues was the timing of a summary judgment motion. The plaintiff sustained a spinal injury while playing in a hockey tournament. He made an insurance claim. There was a dispute over whether the plaintiff met the criteria in the insurance policy for a paralysis […]
March 16, 2022
By Christopher MacDonald On February 7, 2022, the Supreme Court of British Columbia recognized the tort of false light as a potentially legally tenable claim for the first time in the decision of Durkin v. Marlan, 2022 BCSC 193. As discussed below, the Durkin decision shows that the trend across provincial jurisdictions towards the increased […]
March 15, 2022
The decision in Dhaliwal et al. v. Gill et al., 2022 ONSC 1445, arises out of a motor vehicle accident. A municipality was named as a defendant and a third party. One of the defendant drivers, Gill, entered a jury notice. Section 108(2)(1)(xii) of the Courts of Justice Act prohibits jury trials where relief is […]
March 10, 2022
In a previous blog post, we discussed a decision in which Associate Justice Jolley held that the court does not have discretion to extend the three hour time limit for examinations for discovery in Simplified Procedure actions. More recently, in Blue v. Metro Ontario Inc., 2022 ONSC 1283, Associate Justice McGraw held that, although an […]