January 25, 2023
By Amanda Colarossi Overview The Rules of Civil Procedure often change. Sometimes they change in minor ways, and sometimes major ways. Rule 48.04 underwent a small but important change by amendment in July 2021. A party not setting a matter down for trial can now consent to the matter being placed on the trial list, […]
November 02, 2022
By Amanda Colarossi Where a claimant is entitled to income replacement benefits (“IRB”), the accident benefits insurer is entitled to certain deductions when calculating the weekly IRB amount payable to the claimant. Calculating the Weekly Base Amount IRBs are paid at 70% of the claimant’s pre-accident gross income earnings, up to a maximum of $400 […]
October 12, 2022
By J. Nicholas Fernandes The basic tenet of Rule 7.08 of the Rules of Civil Procedure is that any settlement of a claim by or against a person under disability, including minors, requires Court approval. On a motion (or application, if settlement occurs prior to a lawsuit being commenced) to obtain such approval, the party under […]
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 […]
February 02, 2022
By Meryl Rodrigues While civil case conferences may seem a relatively quick and less formal way to secure judicial intervention to assist in moving a case forward, particularly at a time of notable court delays and backlog, a recent endorsement from the Superior Court of Justice suggests that counsel ought to be discerning and cautious […]
December 15, 2021
By Christopher MacDonald Last week, on December 9, 2021, the Privacy Commissioner of Canada, Daniel Therrien, published his final annual report wherein he called upon the federal government to “bring Canada into the modern era by adopting rights-based privacy laws that will reflect Canadian values and support responsible innovation.” The Commissioner pointed to successive large […]
