May 03, 2022
The decision in Cyr v. LeBlanc, 2022 ONSC 2555, shows that damages in defamation actions can be quite high. The defendant published statements about the plaintiff on several websites. Many of the statements labeled the plaintiff as being racist. The plaintiff contacted the defendant by Instagram, requesting the postings be removed. The defendant escalated the […]
April 28, 2022
In Agaj v. Munroe, 2022 ONSC 2508, the plaintiff proceeded to trial in a motor vehicle accident case without having expert reports addressing the plaintiff’s claim for income loss and medical and housekeeping needs. After the jury was selected, the plaintiff’s lawyer advised the court that he had spoken to unnamed experts who indicated that […]
April 27, 2022
By Meryl Rodrigues Finality in proceedings is generally promoted by the courts. In Tsaoussis (Litigation Guardian of) v. Baetz, the Ontario Court of Appeal stated: Finality is an important feature of our justice system, both to the parties involved in any specific litigation and on an institutional level to the community at large. For the […]
April 20, 2022
By Kathryn Orydzuk This case study will review the various issues considered in two motions in the same action, one of which was appealed. The three decisions are as follows: Taylor v. Mayes, 2019 ONSC 5651 Taylor v. Mayes, 2021 ONSC 2239 Taylor v. Mayes, 2022 ONCA 297 The motions are demonstrative of some common […]
April 19, 2022
In Endale v. Parker, 2022 ONSC 2008, the plaintiff, on an examination for discovery, undertook to provide medical records, but a dispute arose over who was required to pay for the records. Rule 30.02(1) of the Rules of Civil Procedure provides: “[e]very document relevant to any matter in issue in an action that is or […]
April 06, 2022
By Jennifer Singh In Chahal v. Abdullah et al, 2022 ONSC 1727 [1], the defendant, Peter Cunnington, brought a motion for an order staying or dismissing the plaintiff’s action against him pursuant to r.56.02 of the Rules of Civil Procedure, or alternatively an order pursuant to r.56.01 requiring the plaintiff to post security for defence […]