November 22, 2023
By Michael Kryworuk On November 3, 2023, the Ontario Court of Appeal released its decision in Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729, allowing an appeal from a lower court declaration that an insurer was required to fully cover the replacement costs of its insureds’ flooded property, inclusive of any additional costs to […]
November 16, 2023
By Jennifer Singh In Jack-O’s Sorts Bar v. US Liability Insurance Co., 2023 ONSC 5925, United States Liability Insurance Company (“the insurer”) brought a summary judgment motion to determine whether it had a duty to defend Jack-O’s Sorts Bar and the bar’s owner, Harold Douglas Eakins (“the insureds”), in a personal injury claim. The court […]
November 09, 2023
By Jordan Petruska In Monster Snacks Inc. v. David, 2023 ONSC 6223, the plaintiff brought a motion to continue the claim and to amend a fresh statement of claim to particularize new allegations against the defendant. The Court granted an order to continue the claim, but dismissed the plaintiff’s motion to amend a fresh statement […]
November 01, 2023
By Nasra Esak In a recent decision of the Ontario Court of Appeal, Javid Estate v. Watson, 2023 ONCA 665, the Court of Appeal outlined the relevant factors Courts must consider when deciding on a motion for an extension of time to appeal. This decision serves as a reminder to litigators of the Court’s expectations […]
October 25, 2023
By Emmanuel Couture-Tremblay The recent decision of the Ontario Superior Court of Justice in Gregg v. Thurston, 2023 ONSC 5944, dealt with the applicability of a statutory limitation period to an order of the court. Overview In this case, Sandra Gregg and Lloyd Thurston entered into an agreement during their engagement to purchase a vacant […]
October 18, 2023
By Celina Stoan On May 4, 2023, the Ontario Court of Appeal heard the appeal of the Town of Milton from the judgment of Justice Mills, dated June 28, 2022, dismissing the third party claim of the Town. In its decision in Case v. Pattison, 2023 ONCA 529, the Court of Appeal allowed the appeal, […]